SK ABDUL GAFFAR Vs. MIRA DAS ROY
LAWS(CAL)-2006-1-39
HIGH COURT OF CALCUTTA
Decided on January 13,2006

ABDUL GAFFAR Appellant
VERSUS
MIRA DAS ROY Respondents


Referred Judgements :-

NIRANJAN KHANRA AND ANR. V. SHYAMAL KUMAR MUKHERJEE AND ORS. [REFERRED TO]
LAKSHMT NARAYAN GUTN VS. NTRANJAN MODAK [REFERRED TO]



Cited Judgements :-

RAM SAKAL ROY VS. SAMBHUNATH JAISWAL [LAWS(CAL)-2006-1-22] [REFERRED TO]


JUDGEMENT

Bhattacharya, J. - (1.)This first miscellaneous appeal is at the instance of a respondent in proceedings under Section 24 of the Non-Agricultural Tenancy Act and is directed against an order of pre-emption dated 6th December, 1986 passed by the learned Assistant District Judge, 5th Court, Alipore in Miscellaneous Case No.23 of 1983 under the West Bengal Non-Agricultural Tenancy Act.
(2.)The respondents herein filed an application under Section 24 of the West Bengal Non-Agricultural Tenancy Act claiming pre-emption of a transfer in favour of the appellant. Such application gave rise to Miscellaneous Case No. 23 of 1983. The present appellant contested the proceedings by filing written objection and ultimately, the learned Assistant District Judge by order dated 6th December, 1986 allowed the said Miscellaneous Case thereby passing an order of pre-emption in favour of the respondents.
(3.)Being dissatisfied, the appellant has come up with the present first miscellaneous appeal.


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