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Supreme Court of India 2017-11-15 allowed

Chhana Rani Saha vs Mani Pal @ Kaltu Pal

Bench: 2 — <UNKNOWN>, <UNKNOWN>

In Brief

Chhana Rani Saha purchased a plot of land from Bijindra Burman and later sought pre-emption rights when he sold his remaining adjoining land to Mani Pal. The High Court denied her right of pre-emption, reasoning she was not a co-sharer and the entire land was sold. The Supreme Court allowed her appeal, holding that Section 8 of the West Bengal Land Reforms Act, 1955 grants pre-emption rights to contiguous land owners regardless of whether a portion or entire plot is sold. The vendor's failure to give notice reinforced, not negated, her entitlement. The trial court's order transferring ownership and possession to the appellant was restored.

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Land Reforms Pre-emption Real Property Agricultural Land

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