Supreme Court · 2019 INSC 1155 · Decided 17 October 2019
Barasat Eye Hospital & ORS. v. Kaustabh Mondal
- Court
- Supreme Court of India
- Citation
- 2019 INSC 1155 · [2019] 15 S.C.R. 1022
- Case number
- CIVIL APPEAL No. 1090/2010
- Decided
- 17 October 2019
- Bench
- SANJAY KISHAN KAUL, K.M. JOSEPH (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
Headnote
West Bengal Land Reforms Act, 1955 - ss. 8 and 9 - Right of purchase by co-sharer or contiguous tenant - Exercise of right of pre-emption - Pre-condition for - Held: Right of pre-emption is activated on deposit of the consideration money together with the further sum amount - Unless such a deposit is made, the right of a pre-emptor is not even activated - Provisions of s. 8 are explicit and clear in their terms - Inquiry into the stated consideration, as envisaged in s. 9, is on the deposit of the amount mentioned in the sale transaction as
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