Back
AJOY KUMAR MUKHERJEE
Ajit Kumar Paria – Appellant
Versus
Jagadish Prasad Khandelwal – Respondent
JUDGMENT :
(Ajoy Kumar Mukherjee, J.) :
1. Petitioners herein filed pre-emption case under section 8 & 9 of West Bengal Land Reforms Act, 1955 contending that 02 decimal of land in plot no. 391/587 of Mouza Mohammadpur as described in schedule A to the Application was sold by one Narayan Prasad Tiwari, who was owner of entire plot No. 391/587 having an area of 09 decimal by executing a registered deed of sale which was presented for registration on 30.10.1992 and registration was completed on 05.09.1994
2. Petitioners further case is that they are joint owners of adjacent plot no. 391 and 427 which has the longest common boundary with the suit property and accordingly they filed the aforesaid case, seeking pre-emption on the ground of vicinage. In the said case initially an exparte order was passed which was subsequently set aside by this court in C.O. 1777 of 2009. Thereafter the pre-emptee/opposite parties herein field written objection contending that the vendor had sold his entire interest in the property and as such the petitioner have no legal right to claim pre-emption and they have also denied that the petitioners are owner of contiguous plots. Learned Trial court after con
Pre-emption rights under the West Bengal Land Reforms Act require joint ownership of contiguous land for a valid claim.
(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 main legal point established in the judgment is that the entitlement to pre-emption under the West Bengal Land Reforms Act 1955 is determined by evidence of co-ownership and contiguous landholdin....
The main legal point established in the judgment is that the law does not recognize the right of pre-emption by a person claiming to be a superior adjoining raiyat to that of the purchaser who is als....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
