In Brief
Abdul Matin Mallick purchased a two-fifths share of property from sisters who had inherited it. The brothers claimed pre-emption rights under the West Bengal Land Reforms Act. The lower courts allowed the pre-emption claim; the High Court upheld this but allowed the pre-emptors to deposit the required amount later. The Supreme Court held that full deposit of the sale consideration plus 10% must accompany the pre-emption application itself—it is a non-waivable pre-condition to maintainability. Subsequent deposit cannot cure the initial failure. Since the pre-emptors did not deposit the full amount with their application, the Court quashed the lower orders and dismissed the pre-emption application.
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