1. THE point for decision in this rule obtained by an opposite party, one successfully pre-empted, is whether or no section 24 of the West Bengal Non-Agricultural Tenancy Act 20 of 1949 (hereinafter referred to as the Act) avails a co-sharer non-agricultural under-tenant part of whose undivided! tenancy has been transferred by another co-sharer non-agricultural under-' tenant. The facts are not in dispute. Pra-valata Nandi, Jibandhan Chatterjee and Benoy Krishna Chatterjee are owners in equal shares of. 096 acres of non-agricultural land in the town of Chan-dernagore spread over plots 363 and 364 under Khatian No. 212 on a rental of Rs. 5 /and also over a bata dag, 364/851 under Khatian No. 374, a khatian subordinate to khatian No. 212, on a rental of Rs. 36/ -. Their status is that of a dakhalkar under a dakhalkar, in other words, that of an under-tenant. Plot No. 363 is recorded as a dokan (a shop), plot No. 364 as a danga and the bata dag as a bastu. Jibandhan sells his one-third share to a stranger Tulsidas Kar for Rs. 1,330 / The date of the sale is November 11, 1960. Pravalata thereupon moves the court for pre-emption under section 24 of the Act, wrongly described in