( 1 ) THIS Rule was obtained by the objectrix in a proceeding under Section 26f, Bengal Tenancy Act. The admitted facts of the case are as follows: Three brothers named Nathu, Atul and Satish held a two annas share in a certain occupancy folding. Natu along with some o er co-sharer. ' of the holding sold the land in dispute in the pr. sent proceeding to the present petitioner, Radharaut Dassi, on 5-7-1944. On 28-3-1949, the present application for pre-emption under Section 26f was filed by Atul and Satish alleging that the two applicant; for pre-emption used to reside in their maternal uncle's house after the death of their father and faking advantage of their absence from their ancestral homestead Natu, in collusion with other co-sharers, sold the disputed land to the present petitioner and that on account of a collusion between the vendors and the purchaser, the applicants Atul and Satish were kept from the knowledge of the sale and that they came to know of the sale for the first time on 2-1-1949.

( 2 ) THE application for pre-emption was resisted by the present petitioner 'inter alia' on the ground that it was barred by limitation as it was filed more than three iy