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1964 Supreme(Cal) 104

Banerjee, D.Basu
Jyotish Chandra Das – Appellant
Versus
Dhananjoy Bag – Respondent


Advocates Appeared:
Nagendra Nath Saha, S.C. Das Gupta, Satya Prosad Banerji, Susil Kumar Biswas

Judgment

1. SECTION 6 (2) of the West Bengal Estates Acquisition Act, 1953, read with rule 4 of the Rules framed under the Act, has produced apparently anomalous results, the principles for the interpretation of which we have laid down in (1) Abharan Chandra v. Sanat Kumar, (1963) 68 C.W.N. 574. In the present case, a further elaboration of those principles appears to be necessary so as to be applicable to different situations. Dhananjay Bag and others were co-sharers of three tenancies recorded in khatians 102, 24 and 48 of Mouza Daluigachha. The tenancy in khatian 102 was recorded as a mokarari sthitiban raiyati holding while the holdings in khatians 24 and 48 were recorded as korfa holdings to which section 48g of the Bengal Tenancy Act was attracted, or, in short, occupancy under raiyati holdings. One of the co-sharers in these holdings, Krishna Chandra Bag, transferred his interest to Jyotish Chandra Das and others by a registered Kobala of May 6, 1959. Thereupon Dhananjay Bag, another co-sharer in the holdings, brought the application under section 26f of the Bengal tenancy Act, for pre-emption, which was registered as Misc. Case no. 170 of 1959 before the Munsif of Chandernag






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