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PARTHA SARATHI SEN
Maya Rani Hazra – Appellant
Versus
Narayan Chandra Roy – Respondent
JUDGMENT :
Partha Sarathi Sen, J.
1. In the present revision the question of right of preemption in case of sale/conveyance of the entire share of a raiyat is relevant. Section 8 of the West Bengal Land Reforms Act, 1955 (‘1955 Act’ for short) is the relevant provision dealing with the right of preemption. The Section reads thus:
[Provided that if the [bargadar in the p
The right of pre-emption under Section 8 of the West Bengal Land Reforms Act is ambiguous regarding the sale of an entire share, necessitating clarification from a larger bench.
(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.....
Pre-emption by contiguous land possessor under Section 8(1) barred if beyond four months from transfer date; limitation not from knowledge as no notice mandated; clear provision not read down.
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 right of pre-emption is not valid for partial possession when the claimant is a co-sharer in only part of the land sold.
The main legal point established in the judgment is that cosharers have the right of preemption under the West Bengal Land Reforms Act to prevent intrusion of strangers into family property, and the ....
The definition of 'raiyat' under the West Bengal Land Reforms Act, 1955 permits non-cultivating successors to assert pre-emption rights.
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