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IN THE HIGH COURT AT CALCUTTA
Chaitali Chatterjee Das
Mithu Mondal – Appellant
Versus
Prasanta Mondal – Respondent
JUDGMENT :
Chaitali Chatterjee Das, J.
1. This revisional application is directed against an order dated 16.4.2024 passed by the learned Additional District and Sessions Judge, Fast Track Court II , Howrah in Misc. Appeal No. 77 of 2015 reversing the judgement and order passed by learned Civil Judge Junior Division, 5th Court, Howrah in connection with LR. Misc. Case No. 32 of 2011. The fact leading to filing of this case is that the predecessor interest of the present petitioners Latika Rani Mondal was a co-sharer of the property where a portion of the property was transferred by the Opposite Party No.2/husband of Latika in favour of Opposite Party No.1 behind the knowledge of Latika the mother of the present petitioners, that is the original Pre-emptor. After hearing the learned advocates and considering the materials on record the judgement was passed by the Trial Court in favour of her which was reversed by the Learned Appellate Court but before filing any revisional application, the original Pre-emptor died on 28.3.2024, leaving and surviving the petitioners herein as her only legal heirs.
2. The Misc. Case under West Bengal land Reforms Act was filed against the opposite parties
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.
(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 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....
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 a weak right and can be defeated by legitimate means, including proving a transaction as a sham intended to defraud the opposing party.
Right of pre-emption, being a weak legal entitlement, can be defeated by all lawful means if the transaction is deemed a sham transaction.
The main legal point established in the judgment is the mandatory nature of the deposit requirement under Section 8 of the West Bengal Land Reforms Act, 1955 for pre-emption applications. Non-complia....
The main legal point established in the judgment is that the nature of tenancy created by a sale deed and the right of survivorship cannot be examined as substantial questions of law in the absence o....
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