( 1 ) THE only question that is involved in these Rules is, whether on the partition of the land comprised in the tenancy of non-agricultural tenants without the knowledge and consent of the landlord, such tenancy is split up and the tenants ceased to be co-sharers.

( 2 ) ON Dec. 3, 1961, there was a partition between the co-sharer tenants of the tenancy in question. Upon such partition, Plot No. 1768, of Khatian No. 618, of Mouza Radhanagar, was exclusively allotted to the opposite parties Nos. 2 and 3, Saralabala and Susama, in Civil Rule No. 2049 of 1973. Plot No. 1767 was, however, kept joint between the co-sharers. There is no evidence that such partition was consented to by the landlord. On Oct. 24, 1965, Saralabala and Susama transferred their interest in Plots Nos. 1768 and 1767 to the opposite party No. 1, Mrityunjay Khan, a stranger, without serving any notice on Shiba Prasanna of such transfer. After Shiba Prasanna had come to know of the transfer, on April 10, 1968 he made an application for pre-emption under Section 24 of the West Bengal Non-Agricultural Tenancy Act, 1949 in the court of the Subordinate Judge, Burdwan. The application was resisted by M