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NASIM ALI, BARTLEY
Dinesh Chandra Choudhury – Appellant
Versus
Rajendra Chandra Kar – Respondent
JUDGMENT
Nasim Ali, J. - The opposite parties 1 and 2 in this rule purchased an occupancy holding from opposite party 16 held by him under the petitioners and opposite parties 3 to 15 and 17 to 34. On 31st December 1935, notice of the transfer u/s 26-C, Ben. Ten. Act, was served on the petitioners and opposite parties 3 to 15 only as they were stated by the purchasers to be the entire body of landlords of the holding. On 27th February 1936, the petitioners applied u/s 26-F of the Act, for preemption in the Court of the Munsiff at Nabinagar impleading therein the purchasers and the remaining co-sharer landlords who were served with notice u/s 26-C of the Act. On 28th March 1936, these co-sharer landlords applied to the Court for being transferred to the category of the petitioners for preemption. On 25th April 1936, the transferees raised the objection that the petition; for preemption was not properly constituted as there are other co-sharer landlords of the holding who had not been made parties to the proceeding. On 9th May 1936, the petitioners applied to the learned Munsiff for amending their application for pre-emption by adding these co-sharer landlords who were left out. This
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