West Bengal Land Reforms Act, 1955.
The trial court dismissed the preemption application of the preemptors/opposite
party nos. 1 and 2 on the sole ... application was maintainable in view of the entire share of
the vendor having been sold.
The petitioner accordingly argues that the application for preemption
preemption case, in
the given circumstance, can not be allowed. Further, it was
contended by the petitioner that the preemption application is
not maintainable ... preemption is a very weak right. In case, the
purchaser himself becomes a boundary tenant of vended plot
before filing of the preemption application
sale. As a non-notified co-
sharer, the petitioner filed the preemption application. The opposite
party/preemptee was a complete stranger to the plot ... claim refund of the excess money which was deposited. If the preemption
application was decreed, the total property of the preemptor would not
exceed
heir, the preemption application is liable to
fail.
The Trial Court dismissed the said application for preemption
solely on the ground that if the entire ... where an application
for amendment was taken out converting an application under Section 8
(1) of the Act into an application under Section
four sale deeds executed in between 1948 to 1970.
The preemption application was allowed by the DCLR Barh by order
passed on 15.12.1990 and following ... orders passed by the statutory authorities under the Act
allowing the preemption application of the petitioner and which orders stand
affirmed by the writ Court
houses on both
sides of the State Highway but the preemption application was allowed on the
ground that on the date of inspection, maize crop ... property under preemption.
Even if the own brother of Asharfi Prasad has not joined in the preemption
application filed before the Deputy Collector Land Reforms
application was
filed by the pre-emptor and his right could be defeated on or before
the filing of the application of preemption. He submits ... property during the pendency
of the application for pre-emption, the application for preemption
should not be allowed in their favour today in the year
thereby committed
error in law and in fact by allowing the preemption application under
Section 8 of West Bengal Land Reforms Act vide order dated ... plot of land by a raiyat to a third party, the preemption application is
maintainable under the said Act.
Adverting to the principles laid
with the case by depositing a part of the amount, the preemption
application was not maintainable. The appeal was allowed upon
interpretation of Section ... order. The right of preemption did not trigger off before the deposit in
2021. By then, the preemption application was barred by law. Moreover
with the case by depositing a part of the amount, the preemption
application was not maintainable. The appeal was allowed upon
interpretation of Section ... order. The right of preemption did not trigger off before the deposit in
2021. By then, the preemption application was barred by law. Moreover