Kolkata Court May 1947 Judgments

Nural HossaIn Mallik and anr. Vs. Mihilal Sheikh and ors.

Court: Kolkata

Reported in: AIR1948Cal144

Chakravartti, J.1. The principal question involved in this Rule is whether an application for pre-emption under Section 26F, Bengal Tenancy Act, can be entertained if the deposit contemplated by the section is not made at the time of making the application, but is made subsequently within the period of limitation. The question has arisen out of the following facts.2. A certain occupancy holding was owned by the three opposite parties, of whom two namely opposite parties Nos. 2 and 3, sold their 8 annaa share to the petitioner on 17th February 1944. Notice of this sale was served on the remaining cosharer tenant, namely opposite party No. 1, on 12th December 1944. On 3rd February 1945, he made an application under Section 26F, Ben. Tenancy Act, but did not, at the time of making the application, deposit in Court the amount of consideration money as stated in the notice together with the statutory compensation thereon. It appears that the fact that the deposit was not made was brought to...