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1958 Supreme(Cal) 291

LAHIRI, BANERJEE
Klnuram Sadhukhan – Appellant
Versus
Hazi Md Yusuf – Respondent


Advocates appeared:
Abinash Chandra Ghosh, Apurbadhan Mukherjee, Chundidas Roy Choudhury, Jahnabi Charan Das Gupta.

JUDGMENT

1. THE order that is challenged in this case is one for preemption under section 24 of the West Bengal Non-Agricultural Tenancy Act (West Bengal Act XX of 1949) made by the Second Munsif at Baruipur and affirmed on appeal by the Sixth Court of Subordinate Judge, Alipur, and the petitioner before us is the objector. The facts which are undisputed are these: On August 8, 1955 the petitioners Kinuram and his wife sold the lands in dispute together with the structures standing thereon to opposite party No. 2, Monohar Chandra Dass. . Simultaneously with the execution of the conveyance Monohar executed an agreement of reconveyance by which he agreed to recovery the property to the petitioners provided the petitioners repaid the consideration money together with interest within a certain period. In pursuance of this agreement the petitioners repaid the stipulated amount to Monohar who in his turn executed deeds of reconveyance in favour of the petitioners on September 28, 1955. On December 7, 1955, opposite party No. 1 Hazi Mahammad Yusuf filed an application for pre-emption under section 24 of the Non-Agricultural Tenancy Act making the necessary allegations under that section.


















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