Hasen Mandal v. Tunuwara Bibi
Civil revisional application (CO 3364 of 2023) – Pre-emption under Section 8 of the West Bengal Land Reforms Act – Maintainability
Case brief
What is this about?
Pre-emption; Section 8 West Bengal Land Reforms Act; maintainability of pre-emption case; deposit of entire sale consideration with statutory interest (10%) at time of filing; deposit shortfall Rs.1,100/- vs Rs.2,00,000/-; balance Rs.2,18,900/-; Misc.(Pre-emption) Case No.36 of 2015; Misc. Appeal No.1 of 2019; Barasat Eye Hospital and ors. v. Kaustabh Mondal (2019) 19 SCC 767; Abdul Matin Mallick v. Subrata Bhattacharjee (2022) 7 SCC 147; CO 3364 of 2023 dismissed; Hiranmay Bhattacharyya J.; decision date 29.02.2024; District Judge Murshidabad; no order as to costs.
What did the court decide?
In view of the settled proposition of law (that a pre-emption case filed without deposit of the entire sale consideration together with statutory interest is not maintainable), this Court was not inclined to interfere with the judgment and order dated 24th March, 2023 passed by the learned District Judge, Murshidabad in Misc. Appeal No.1 of 2019, and CO 3364 of 2023 stands dismissed.