Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 8 West Bengal Land Reforms Act 9 – Right of purchase by co-sharer or contiguous tenant 1955: s.5(5) |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | West Bengal Land Reforms Act, 1955: s.5(5), 8, 9 – Right of purchase by co-sharer or contiguous tenant – Pre-emption application – Maintainability of – Vendors of the pre-emptee transferring their entire share in the property to person other than a raiyat in the said plot of land without notice to the pre-emptors – Pre-emption application by respondents-pre-emptor to exercise their right as pre-emptors u/s 8, allowed by the first appellate court – However, the High Court while upholding the said order, granted time to the pre-emptors to deposit the balance consideration money together with further sum of 10% of that amount – On appeal, held : Right of pre-emption is a very weak right – Any provision to enforce such a right must, be strictly construed – Deposit of the entire sale consideration with additional 10% of the sale consideration alongwith the pre-emption application is a statutory and mandatory requirement – It is a pre-condition before any further enquiry as contemplated u/s. 9 is held – On facts, the pre-emptors had not deposited the entire sale consideration with additional 10% of the sale consideration alongwith the pre-emption application – First appellate court or even the High Court did not consider the said aspect – Unless and until the same is complied with, the pre-emption application would not be maintainable – High Court not justified in permitting the pre-emptors to deposit the balance sale consideration while deciding the revision application – Such direction/permission/liberty would be against the intent of s. 8 – Thus, the orders passed by the High Court and that of the first appellate court quashed and set aside – Pre-emption application filed by the original pre-emptors-respondent dismissed. |
Judge | Hon'ble Mr. Justice M.R. Shah |
Neutral Citation | 2022 INSC 518 |
Petitioner | Abdul Matin Mallick |
Respondent | Subrata Bhattacharjee (banerjee) And Ors. |
SCR | [2022] 3 S.C.R. 611 |
Judgement Date | 2022-05-05 |
Case Number | 3499 |
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