https://www.taxtmi.com/caselaws?id=293322 A co-sharer tenant's right of pre-emption under Section 26(f) of the Bengal Tenancy Act arises from the transfer itself and is not defeated by the absence of notice under Section 26(c); the right extends to non-notified co-sharers. The statutory application under Section 26(f) was treated as the exclusive mode of enforcement, so an ordinary civil suit was barred. In the absence of a special limitation period for a non-notified co-sharer, the residuary Article 181 of the Limitation Act applied, and an application filed within three years of the transfer was held to be within time. 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 A co-sharer tenant's right of pre-emption under Section 26(f) of the Bengal Tenancy Act arises from the transfer itself and is not defeated by the absence of notice under Section 26(c); the right extends to non-notified co-sharers. The statutory application under Section 26(f) was treated as the exclusive mode of enforcement, so an ordinary civil suit was barred. In the absence of a special limitation period for a non-notified co-sharer, the residuary Article 181 of the Limitation Act applied, and an application filed within three years of the transfer was held to be within time. Case-Laws Indian Laws Tue, 24 Jun 1947 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=293322