LAWS(SC)-2026-4-116

SIB NATH CHATTERJEE Vs. TULSIDAS CHATTERJEE

Decided On April 09, 2026
Sib Nath Chatterjee Appellant
V/S
Tulsidas Chatterjee Respondents

JUDGEMENT

(1.) Leave granted.

(2.) The appellant had set-up a claim of pre-emption under sub-sec. (1) of Sec. 8 of the West Bengal Land Reforms Act, 1955 (hereinafter referred to as 'the 1955 Act') being owner/ raiyat possessing land contiguous to the land under transfer.

(3.) Admittedly, the application under subsec. (1) of Sec. 8 of the 1955 Act was submitted after 17 months from the date of transfer. Therefore, the second and third respondents (i.e., transferees) filed an application to reject appellant's application on the ground that the owner/ raiyat possessing contiguous land could exercise the right within four months of the date of transfer and not later.