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1972 Supreme(Cal) 189

A.K.MUKHERJI, SABYASACHI MUKHARJEE, M.M.DUTT
Madan Mohan Ghosh – Appellant
Versus
Sishu Bala Atta – Respondent


Advocates:
Lala Hemanta Kumar and H.K. Mitra (In C.R. No.674 of 1958), P.B. Burman and Manan K. Ghose (In C.R. No.2275 of 1961) Abinash Ch. Bhattacharjee (In C.R. No.3410 of 1961). Ganganarayan Chandra (In C.R. No.3764 of 1961), J.K. Sen Gupta, A.K. Sengupta (In C.R. No.3465 of 1965), Mukti Maitra (In C.R. No.3624
of 1961), Amal K. Ghoshal (In C.R No.2029 of 1967). Debatosh Khan (In C.R. No. 2362 of 1967), for Petitioner; N.K. Ganguli (In C.R. No.674 of 1958) Sudhir K. Acharya (In C.R. No.2275 of 1961), Amal Kr. Mukherjee and Bimalendu Mitra (In C.R. No.3410 of 1961), Jnanendra Mohan De (In C.R. No.3764 of 1961). Nirmal Ch. Choudhary (In C.R No.2624 of 1961), S.C. Das Gupta (In C.R. No.3465 of 1965), Swadesh Bhusan Bhunia (In C.R. No.2029 of 1967), Dhirendra Nath Guha Thakurta (In C.R. No.2362 of 1967), for Opposite Parties.

Judgement

M. M. DUTT, J. :- These are eight out of twelve Revision Cases referred to the Full Bench by a Division Bench consisting of Laik and S.K. Mukherjea, JJ. by their Order of Reference dated April 30, 1968. The point which induced the learned Judges of the Division Bench to refer the Revision Cases to the Full Bench is, whether the right of pre-emption under Section 2G-F of the Bengal Tenancy Act survives the West Bengal Estates Acquisition Act, 1953 (West Bengal Act 1 of 1954) after Chapter VI thereof comes into force. In all these cases the reference has been made under Chapter VII, Rules 1, 2 and 4 of the Appellate Side Rules and consequently the Full Bench has to dispose of these Revision Cases also on merits. The point is involved in all these cases, but some of these involve other points which arise out of their respective facts and circumstances.

2. Laik and S.K. Mukherjea, JJ. have differed from two earlier Division Bench decisions of B.N. Banerjee and D. Basu, JJ. - one in the case of Abharan Chandra Saha v. Sanat Kumar Sen, 68 Cal WN 574 : (AIR 1964 Cal 460) and the other in Jyotish Chandra Das v. Dhananjay Bag, (1964) 68 Cal WN 1055. In these two decisions B.N. Baner
















































































































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