Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | West Bengal Land Reforms Act 1955 – ss. 8 and 9 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | West Bengal Land Reforms Act, 1955 – ss. 8 and 9 – Right of purchase by co-sharer or contiguous tenant – Exercise of right of pre-emption – Pre-condition for – Held: Right of pre-emption is activated on deposit of the consideration money together with the further sum of 10% of that amount – Unless such a deposit is made, the right of a pre-emptor is not even activated – Provisions of s. 8 are explicit and clear in their terms – Inquiry into the stated consideration, as envisaged in s. 9, is on the deposit of the amount mentioned in the sale transaction as per sub-section (1) of s. 8 – Thereafter, transferee is given notice who enters appearance within the time specified, and proves the consideration money paid for the transfer “and other sums” – In case pre-emptor raises doubts regarding the consideration amount, enquiry into the said aspect can be done only upon payment of the full amount, along with the application – Thus, when the inquiry is being made by the Munsif, whether in respect of the stated consideration, or in respect of any additional amounts which may be payable, the pre-requisite of deposit of the amount of the stated consideration u/s. 8(1) would be required to be fulfilled – Provisions of ss. 8 and 9 must be read as they are – Full amount has to be deposited – Discretion is not left to the pre-emptor to deposit whatever amount, in his opinion, is the appropriate consideration, in order to exercise a right of pre-emption – Amount can always be directed to be refunded, if deposited in excess – In the instant case, in an application u/ss. 8 and 9, respondent-pre-emptor did not file any material to substantiate even the plea on the basis of which, even if an inquiry was held, could a conclusion be reached that the stated consideration was not the market value of the land – Thus, the order passed by the High Court that application u/ss. 8 and 9 could be entertained on short deposit of consideration amount; and only on final adjudication by the Munsif would the occasion arise to deposit the balance amount, is set aside – Furthermore, there cannot be any extension of time granted to the respondent to deposit the balance amount now, to exercise such a right, however he cannot be deprived of the amount deposited – Thus, the respondent entitled to the refund of the amount deposited with interest, if any.Pre–emption: Right relating to pre-emption – Held: Pre-emptor has two rights, inherent or primary right, which is right for the offer of a thing about to be sold; and secondary or remedial right to follow the thing sold – Secondary right is a right of substitution, in place of an original vendee – Pre-emptor is bound to show not only that his right is as good as that of that vendee, but that it is superior to that of the vendee which has to subsist at the time when the pre-emptor exercises his right – Right of pre-emption is a very weak right – Any provision to enforce such right must be strictly construed.Interpretation of Statutes: Rule of construction – Held: Legislative provisions should be read in their plain grammatical connotation, and only in the case of conflicts between different provisions would an endeavour have to be made to read them in a manner that they co-exist and no part of the rule is made superfluous. |
Judge | Hon'ble Mr. Justice Sanjay Kishan Kaul |
Neutral Citation | 2019 INSC 1155 |
Petitioner | Barasat Eye Hospital & Ors. |
Respondent | Kaustabh Mondal |
SCR | [2019] 15 S.C.R. 1022 |
Judgement Date | 2019-10-17 |
Case Number | 1090 |
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