1. This Rule was issued in connection with pre-emption proceedings under Section 24, Non-Agricultural Tenancy Act. The petitioner is a tenant under a raiyat i.e. according to the classification of the Bengal Tenancy Act he is an under-raiyat.
2. The first contention of the petitioner is that as the original raiyati was governed by the Bengal Tenancy Act, his rights as undertenant will not be governed by the Non-Agri-culiural Tenancy Act. This contention cannot prevail for the very simple reason that ncn-agrlcultural tenant and non-agricultural land have been defined in Section 2 of the Act, Clauses (4) and (5). In connection with Section 2 (4) it may be pointed out that land which comes within the Bengal Tenancy Act and is excluded is only land mentioned in Sub-clauses (b) and (c) cf Clause The land in the present proceeding does not come within either of there. There is no contention that the land has been let out and is used for purposes not connected with agri-cultural or horticultural, having been let out and having been used for residential purposes. Therefore it is clearly within the definition of non-agricultural land and as rent is paid, the tenant is a non-agricultural tenant.
3. The second argument is that under Section 24 what would be under-raiyati land i.e. land of an under-tenant, is not included. That conten-tion cannot prevail because in Section 3 it is clearly provided that 'for the purposes of this Act there shall be the following classes of non-agri-cultural tenants viz.. tenant and under-tenant.' So, under-tenants are also for the purposes of this Act, which will be for the purposes of Section 24 as well, tenants and under-tenants. Therefore, under-tenants are within Section 24 of the Act.
4. These were the only two grounds urged and as both fail, the Rule is discharged with costs.