Supreme Court · 1969 INSC 296 · Decided 17 October 1969

Jagad Bandhu Chatterjee v. Nilima Rani & Others

Court
Supreme Court of India
Citation
1969 INSC 296 · [1970] 2 S.C.R. 925
Case number
CIVIL APPEAL No. 2170/1967
Decided
17 October 1969
Bench
J.C. SHAH, V. RAMASWAMI, A.N. GROVER (3-judge bench)
Outcome
Dismissed
Case type
Civil

Headnote

Waiver-Need not be found on contract or agreement,-Pre-emption­ Bengal Tenancy Act, s. 26(/), The appellant filed an application under s. 26(f) df the Bengal Tenancy Act claiming right of pre-emption over the land purchased by tne respondent. The respondent took up the position that the purchased by her and that he along with his uncle bad acted as brokers in the transaction an~ receiv­ ed brokerage; the appellant had thus waived bis right of pre-empt10n. The trial Judge allowed the application. The appeal . Court held t~~t the appeliant's claim was barred owing tc

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