In Brief
Chhana Rani Saha, owner of adjoining agricultural land, sought to exercise a right of pre-emption under the West Bengal Land Reforms Act when her neighbour Mani Pal purchased the contiguous plot from their common seller. The High Court rejected her claim on the ground that she was not a co-sharer in the purchased land. The Supreme Court held that Section 8 of the Act grants pre-emption rights not only to co-sharers but also to any raiyat (agricultural tenant-owner) possessing adjoining land. The Court reversed the High Court's judgment, restored the trial Court's order granting pre-emption to the appellant, and directed transfer of the disputed land to her with possession within six months.
The lawyer headnote and full judgment text are available to registered users.