SUPREME COURT OF INDIA

Before:- V.N. Khare and S.N. Variava, JJ.

Civil Appeal Nos. 10164-65 of 1983. D/d. 27.3.2001.

Hari Prasad Bhattacharjee and another - Appellants

Versus

Chittaranjan Roy and others - Respondents

A. West Bengal Non-Agricultural Tenancy Act, 1949, Section 24 - Pre-emption - Stranger - Locus standi - When respondents No. 2 and 3 transferred plot No. 482 in favour of appellants, respondent No. 4 had a right to pre-empt the sale being a co sharer - Respondent No. 1 having stepped into the shoe of respondent No. 4, acquired right to prempt the transfer of land made by respondents No. 2 and 3 to appellants.

[Para 3]

B. West Bengal Non-Agricultural Tenancy Act, 1949, Section 24 - Pre-emption - Transfer of right - Whether registration required - Right to pre-emption is a statutory right under section 24 of the Act - Not required to be transferred by registered instrument.

[Para 4]

ORDER

1. When the matter was taken up, learned counsel appearing for the appellants stated that the appellants do not propose to take steps for service on un-served respondent Nos. 2-4. Therefore, their names be deleted from the array of the parties at the risk of the appellants. Ordered as prayed for. No orders are required on I.A. Nos. 4-5.

2. One Nagendra Bala Devi was a tenant of plot No. 481 and 482. On 3.8.1954, Nagendra Bala Devi executed a will bequeathing plot No. 481 in favour of respondent No. 4 (Subrata Maitra). Similarly, plot No. 482 was bequeathed to other grandsons/respondent Nos. 2 and 3. On 25.2.1964, the appellants, herein, purchased plot No. 482 through a registered sale deed from respondent Nos. 2 and 3. On 30.4.1966, respondent No. 1 (Chittaranjan Roy) purchased plot No. 481 through a registered sale deed from respondent No. 4 (Subrata Maitra). The appellant, herein, on 15.7.1966, filed an application claiming right of pre-emption in respect of sale of plot No. 481. The said application was numbered as Misc. Case No. 59/1966. Similarly, respondent no. 1 also filed an application claiming right of pre-emption in respect of plot No. 482 and the said application was numbered as Misc. Case No. 80/1966. The trial court rejected the application of the appellants whereas the application of respondent No. 1 was allowed. The appellants herein thereafter preferred an appeal before the High Court but the same was dismissed. It is against the said judgment, the appellants are in appeals before us.

3. Learned counsel appearing for the appellants urged that respondent No. 1 was a stranger and not a co-sharer and, therefore, he could not claim right of pre-emption in respect of transfer of land by respondent Nos. 2 and 3 in favour of the appellants. This argument has no substance. Admittedly, Nagendra Bala Devi was the tenant of the aforesaid two plots. She bequeathed the said plots in favour of her grandsons. The grandsons became the co-tenants/co-sharers. When respondent No. 2 and 3 transferred plot No. 482 in favour of appellants, respondent No. 4 had right to pre-empt the sale being a co-sharer. Respondent No. 1 having stepped into the shoes of respondent No. 4, acquired right to preempt the transfer of land made by respondent No. 2 and 3 in favour of appellants.

4. It was then urged that since respondent No. 4 did not transfer right of pre-emption in favour of respondent No. 1 and, therefore, he was not entitled to claim right of pre-emption. This argument lacks substance. The right of pre-emption is a statutory right under Section 24 of the West Bengal Non- agricultural Tenancy Act and, therefore, it is not required to be transferred by a registered instrument. Moreover, Subrata Maitra - respondent No. 4 has already been deleted from the array of the parties and as such said argument is not available to the appellants now.

5. For the aforesaid reasons, we do not find any merit in the appeals. The appeals are, accordingly, dismissed. There shall be no order as to costs.

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