( 1 ) THIS Rule was issued in connection with pre-emption proceedings under Section 24, Non-Agricultural Tenancy Act. The petitioner is a tenant under a raiyat i. e. according to the classification of the Bengal Tenancy Act he is an under-raiyat.

( 2 ) THE first contention of the petitioner is that as the original raiyati was governed by the Bengal Tenancy Act, his rights as undertenant will not be governed by the Non-Agri-culiural Tenancy Act. This contention cannot prevail for the very simple reason that ncn-agrlcultural tenant and non-agricultural land have been defined in Section 2 of the Act, Clauses (4) and (5 ). In connection with Section 2 (4) it may be pointed out that land which comes within the Bengal Tenancy Act and is excluded is only land mentioned in Sub-clauses (b) and (c) cf Clause The land in the present proceeding does not come within either of there. There is no contention that the land has been let out and is used for purposes not connected with agri-cultural or horticultural, having been let out and having been used for residential purposes. Therefore it is clearly within the definition of non-agricultural land and as rent is paid, the tenant is