CHITTATOSH MOOKERJEE, J.

( 1 ) THE Revisional Application arises out of a proceeding under S. 24 of the West Bengal Non-agricultural Tenancy Act, 1949 for pre-empting transfer of a fractional interest in a tank measuring 14. 48 acres in Plot No. 397, Mouza Plassey, P. S. Majia, Dist. Birbhum. Both in the Cadastral Survey Records and also in the Revisional Survey Settlement Records the status of the co-sharer tenants of the said tank which was described as Ram Dhanger Pukur was recorded as 'raiyati Sthitiban'. The principal point in the case was whether the said tank recorded in Plot No. 397 in mouza Plassey, P. S. Mejia, Dist. Birbhum was a non-agricultural or an agricultural holding and whether the preemption application under S. 2,4 of the West Bengal Non-agricultural Tenancy Act, 1949 was maintainable in law.

( 2 ) ON 7th Nov. 1977 opposite parties 12 to 16 of the application under S. 24 of the West Bengal Non-agricultural Tenancy Act, 1949 purported to transfer 6 annas 10 gondas share in the aforesaid Plot No. 397 in favour of 13 purchasers including the petitioner of this Revisional Application. Out of the said purchasers, Rabilochan Pramanik and Mibaran Ghosh were already r

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