https://www.taxtmi.com/caselaws?id=293322 The court held that a co-sharer tenant has the legal right to pre-empt under Section 26(f)(1) of the Bengal Tenancy Act without being served a notice of transfer. The remedy provided by Section 26(f) is deemed exclusive, barring the ordinary right of suit. Regarding the period of limitation for filing an application, in the absence of a specific provision, Article 181 of the Limitation Act applies, granting a three-year period from the date of transfer. The petitioner, filing within three years from the sale date without receiving a notice of transfer, was within the time limit. Judgments of lower courts were set aside, and the case was remanded for pre-emption in favor of the petitioner. en-us Tue, 24 Jun 1947 00:00:00 +0530 Thu, 04 Feb 2021 17:45:35 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=293322 The court held that a co-sharer tenant has the legal right to pre-empt under Section 26(f)(1) of the Bengal Tenancy Act without being served a notice of transfer. The remedy provided by Section 26(f) is deemed exclusive, barring the ordinary right of suit. Regarding the period of limitation for filing an application, in the absence of a specific provision, Article 181 of the Limitation Act applies, granting a three-year period from the date of transfer. The petitioner, filing within three years from the sale date without receiving a notice of transfer, was within the time limit. Judgments of lower courts were set aside, and the case was remanded for pre-emption in favor of the petitioner. Case-Laws Indian Laws Tue, 24 Jun 1947 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=293322