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S. K. GHOSE
Adhar Chandra Saha – Appellant
Versus
Gour Chandra Saha – Respondent
ORDER
S.K. Ghose, J. - This Rule arises out of an application u/s 26-F, Ben. Ten. Act. It appears that in the deed of transfer with regard to an occupancy holding the petitioner was described as the sole landlord and accordingly notice of the transfer was given to him. On 10th April 1933 he filed the application for re-purchasing the holding u/s 26-F impleading the purchaser, the opposite party 1. On 10th June following the opposite party 1 intimated to the Court that there was another cosharer landlord, namely, Reajuddin Khondkar who had not been made a party. On 8th July the petitioner stated to the Court that he did not admit Reajuddin Khondkar to be a cosharer, but that still to get over the objection he would pray that Reajuddin be added as a party. On 5th August Reajuddin was added as a party. The learned Munsif held that this addition was not made within time and accordingly he rejected the application. Against that order the present Rule has been obtained.
2. It is contended that as the petitioner was described as the sole landlord under the deed of transfer it is not for him to make any other person a party to the application u/s 26-F stating such other person to be a coshar
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