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SHREE CHANDRASHEKHAR, ANUBHA RAWAT CHOUDHARY
Kamla Devi – Appellant
Versus
State of Jharkhand – Respondent
| Table of Content |
|---|
| 1. condonation of delay granted in appeal. (Para 1 , 2 , 3) |
| 2. legal heirs of deceased appellant recognized. (Para 4 , 6) |
| 3. pre-emption denied based on adjacencies. (Para 7 , 8) |
| 4. court reaffirmed statutory rights in pre-emption. (Para 9 , 10) |
| 5. writ court's role in evidence appreciation limited. (Para 11 , 12) |
| 6. court upholds dismissal of appeals. (Para 13) |
ORDER :
Shree Chandrashekhar, J.
I.A. No. 7912 of 2023 in LPA No. 269 of 2022
The appellants have filed this interlocutory application under section 5 of the LIMITATION ACT seeking condonation of delay of 17 days in filing the present Letters Patent Appeal.
2. In view of the statements made in this interlocutory application, the delay of 17 days in filing this Appeal is condoned.
3. I.A. No. 7912 of 2023 is, accordingly, allowed.
I.A. No. 7229 of 2023 in LPA No. 269 of 2022
I.A. No.7230 of 2023 in LPA No. 271 of 2022
4. The appellants have filed I.A. No. 7229 of 2023 in LPA No. 269 of 2022 and I.A. No.7230 of 2023 in LPA No.271 of 2022 for deletion of the name of appellant no.1, namely, Kamla Devi from Memo of Appeals who died on 04th October 2022 leaving behind legal heirs who are already on record as appellant nos.2 t
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....
The court emphasized that the right to pre-emption is weak in law and can be declined in appropriate cases.
The repeal of Section 16(3) of the Ceiling Act does not affect previously executed sale deeds, emphasizing that completed transactions must be upheld despite procedural amendments.
(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 Section 16(3) of the Bihar Land Reforms Act requires the claimant to provide evidence of co-sharer status, and the absence of such evidence renders the application inv....
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.
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