The amended definition of 'holding' in S. 2(6) of the West Bengal Land Reforms Act, 1955, as amended by S. 26(1)(a) of the West Bengal Land Holding Revenue Act, 1979, means that all lands held by a raiyat, regardless of whether they are treated as a unit for assessment of revenue, constitute a holding.

M. M. Dutt, J. These revisional applications under S. 115 of the Code of Civil Procedure, filed at the instance of one Debendra Nath Karak, is directed against the order dated April 23, 1984 of the 6th Court of the Additional District Judge, Midnapore, passed in Misc. Appeals Nos. 146, 147 and 148 of 1983, affirming the order no. 15 dated August 1, 1983 of the learned Munsif, 3rd Court, Tamluk, passed in J. Misc. Cases Nos. 52, 53 and 54 of 1983, dismissing the application of the petitioner for pre-emption under S. 8 of the West Bengal Land Reforms Act, 1955, hereinafter referred to as the Act.

2. The disputed plot being R. S. Plot No. 1918, of Khatian No. 232/1, of Mouza Pikepari, within P. S. Pashkura, in the district of Midnapore belonged to one Prolhad and his three brothers, Santosh, Rajendra and Nemai. On July 5, 1956, by a deed of sale Prolhad and his three brothers transferred the said plot to one Becharam Pal. Thus Becharam acquired an exclusive title to the said plot. By a deed of gift dated May 5, 1978 Becharam gifted the said plot to his three sons, namely, Satya, Sourendra and Prodyut in equal 1/3rd shares. Thereafter, the said sons of Becharam transferred by way of sale the said plot to the opposite party no. 1, Sm. Rekha Pal, by three deeds of sale on February 8, 1982. The sale deeds executed by Satya and Sourendra were registered on May 25, 1982. Thus the opposite party no.1 acquired exclusive title to the said plot by purchase of the same by the said three sale deeds.

3. On September, 24, 1982, the petitioner, Debendra Nath Karak, made an application for preemption in respect of the said plot under S. 8 of the Act in the 3rd Court of the Munsif, Tamluk alleging that he was a raiyat possessing land adjoining the disputed plot. The application was opposed by the opposite party no. 1 alleging that it was not maintainable. It was contended on behalf of the opposite party no. 1 that after the West Bengal Estate Acquisition Act, 1953 had come into force, Prolhad and his three brothers became each a tenant of the State of West Bengal in respect of their respective 1/3rd shares in the disputed land. In other words, the interest of each of the said three brothers constituted a holding within the meaning of the Act. All these holdings having been transferred to Becharam Pal, the father of the vendors of the opposite party no. 1, constituted one holding in the hands of Becharam. After the disputed plot was gifted by Becharam to his three sons, the vendors of the opposite party no. 1, they jointly held the holding and thereafter, transferred the entire holding to the opposite party no. 1. It was, accordingly, submitted on behalf of the opposite party no. 1 that as the entire holding was transferred to the opposite party no. 1 and not a portion or share thereof, the provision of S. 8 of the Act was inapplicable and the petitioner was not entitled to preempt.

4. The learned Munsif upheld the above contention of the opposite party no.1 and dismissed the application for preemption. On appeal by the petitioner, the learned District Judge took the same view as that of the learned Munsif and dismissed the appeal. Hence these revisional applications.

5. The principal question that is involved in these applications is whether the disputed plot of land constituted a holding of Becharam Pal or his sons. Initially, the words 'holding' was defined in S. 2(6) of the Act as meaning the land or lands held by a raiyat and treated as a unit for assessment of revenue. If this definition had been in force, there would have been no difficulty to uphold the contention of the opposite party no. 1 that the disputed land constituted the entire holding and, as such, the application for preemption was not maintainable. This definition of holding was, however, amended by S. 26(1)(a) of the West Bengal Land Holding Revenue Act, 1979. Section 26(1)(a) of the said Act provides as follows:

"26(1). With effect from the date of coming into force of thi