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BISWAROOP CHOWDHURY
Ajit Kumar Bhunia @ Ajit Bhunia – Appellant
Versus
Prabhash Chandra Maity – Respondent
JUDGMENT :
BISWAROOP CHOWDHURY, J.
1. The petitioners before this Court are the opposite parties in a case under Section 8 and 9 of the West Bengal Land Reforms Act 1955 and respondent in the appeal before the appellate Court which decided the appeal against order of Trial Judge passed in case under Section 8 and 9 of the West Bengal Land Reforms Act and is aggrieved by the said Order dated December 22, 2021 passed by Learned Additional District Judge, Re-designated Court at Midnapore District Midnapore (West) in Misc. Appeal No. 9 of 2015, being the appellate court.
2. The case of the opposite parties before Learned Trial Court may be summed up thus:
(2) On 13/11/1984 Haripada Maity gifted out 4 decimal in RS plot no. 1158 along with other property to his three sons who are the present opposite parties and Ajit Kr. Maity. The said registered deed of gift was duly accepted by the opposite parti
The completion of registration under Section 61 of the Registration Act is crucial in determining the date of transfer for pre-emption rights, and the point of limitation must be raised at the earlie....
(1) Pre-emption – In a proceeding of pre-emption question of title in respect of title deeds rarely come up for adjudication as right of pre-emption is not a personal right and is attached with land.....
The right of pre-emption under the West Bengal Land Reforms Act requires proof of co-sharership, and a well-demarcated transfer does not create co-sharers among purchasers.
The court reaffirmed that a registered sale deed transfers ownership even if full consideration isn't paid, and pre-emption claims can be barred by limitations and estoppel principles.
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