If that be the position then pre-emptor Gopal Chandra Mondal cannot exercise the right of pre-emption under Section 8 of the Act of even though he was an adjacent land owner of the plot of land, a portion of which was sold out by Sankar Nath Mondal to the petitioner pre-emptee by a kobala dated 25th of August, It is now an accepted legal principle that where the provision of a statute providing for right of pre-emption shackles the freedom of transfer, the same should be strictly construed and, unless a case strictly within the provision, claim for pre-emption should not be allowed.
As in this case Sankar Nath Mondal had no co-sharer in his land, Section 14 had no application.
It is thus palpable that if there is no co-sharer in the plot of land there is no question of issuing any notice under Section 5 4 as well as for exercising any right of pre-emption by anybody.
Said principle is squarely applicable in the present case also. In he started his Ph. For proper appreciation of the arguments of learned counsels on this score it will be worthy to note the first portion of section 8 of the Act which runs as follows: In support of his contention he has referred a case law reported in 77 CWN page Sm.
Section 14 of the Act of lays down the mode of effecting a partition between the co-sharers. Urgent photostat certified copy of this judgment be supplied to the learned counsels of the parties, if applied for.
Said application was opposed by the present petitioner pre-emptee alleging that as Akshay Kumar Mondal sold demarcated portion of lands to the purchasers including Sankar Nath Mondal and Gopal Chandra Mondal, neither of them was a co-sharer of the other.
One of the purchasers filed a partition suit claiming him to be a co-sharer of the lands so sold out by the common owner. Gopal Chandra Ghosh, learned counsel appearing for the O. As such Section 14 comes into play only when there are co-sharers of a land.
Though said case law was relating to partition suit but it laid down quite clearly that if a common owner transfers specific portions out of the entire plot with defined areas and boundaries to different purchasers then those purchasers do not become co-sharers to each other even though respective proportionate share with reference to the entire jama was noted in their respective deeds.
Heterogeneous sequential N-arylation of N-heterocycles over copper anchored mesoporous silica catalyst. He submits that in the absence of any partition in between Gopal Chandra Mondal and Sankar Nath Mondal they continued to be co- sharers and that learned courts below failed to take note of the same.
The order impugned is hereby set aside. Synthesis, X-ray crystal structure, photoluminescence and catalytic study. Such proposition is mutated mutandis applicable in case of transfer of a portion or a share of a plot of land of a raiyat to any person when there was no co-sharer in said plot of land.
Sandip Das Judgement on: As such the concurrent findings of the courts below that pre-emptor Gopal Chandra Mondal was not a co-sharer of Sankar Nath Mondal do not call for any interference. It appears that learned lower court of appeal failed to take note the principles of applicability of the Mr tanmoy bhunia of pre-emption under Section 8 when there was no co-sharer in the plot of land, in its true perspective.
He also sold his remaining portions of demarcated lands to other purchasers namely Mr tanmoy bhunia Mondal and Bhopal Mondal. Hydrothermal synthesis, X-ray structure and heterogeneously catalyzed Claisen—Schmidt reaction.
The co-sharer of a raiyat in a plot of land has been defined in Section 2 6 as a person other than the raiyat who has an undemarcated interest in the plot of land along with the raiyat.
He next submits that in order to invoke the right of pre-emption under Section 8 of the Act of the pre-conditions as embodied therein have to be fulfilled first. Sub-section 4 of Section 5 of the Act of runs as follows: According to him, those three pre- conditions were that a portion or share of a plot of land was transferred, that there was a co-sharer of said land and that said transfer was made to a third party without first offering the sale to the co-sharer.
Justice Tarun Kumar Gupta C. It has already been established that pre-emptor Gopal Chandra Mondal was not a co-sharer of the land of Sankar Nath Mondal and that there was no co-sharer in the land of Sankar Nath Mondal which was purchased by him from common owner Akshay Kumar Mondal.
The share of the common owner representing the specific portions sold to each of the purchasers on the facts of this case must be deemed to have been mentioned for the purpose of payment of the proportionate rent of the entire jama.
Labanya Bala Debi supra a common owner had transferred specific portions out of entire plot with different defined areas and boundaries to different purchasers on different dates although mentioning his proportionate share with reference to the entire jama.
The mere fact that proportionate share of the common owner in respect of his specific portions sold to each of the co-sharers in the document was mentioned could not by itself create right or interest of co-ownership in respect of the entire property.
Bhunia that even though there is no co-sharer of the holding the contiguous raiyat has the right of pre-emption in case of a transfer of a share or portion of the holding, is overruled. Tarun Kumar Gupta, J.
Labanya Bala Debi vs. Section 8 1 of the Act construed in the light of the aforesaid legal principle, leaves no room for doubt that that the holding, a share or portion of which is transferred, must be hold under joint ownership.
As a result, the order impugned is liable to be set aside. Apart from that the Section 14 came into force with effect from 7th June, Synthesis, thermally induced structural variation, selective gas adsorption, photoluminescence and heterogeneous catalytic study.Find this Pin and more on Office by Tanmoy bhunia.
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Jul 16, · This feature is not available right now. Please try again later. Susmita Bhunia of Jadavpur University, Kolkata JU with expertise in Catalysis, Inorganic Chemistry. Read 12 publications, and contact Susmita Bhunia on ResearchGate, the professional network for.
Tanmoy Bhunia, Iitb, Mechanical Department, Undergraduate.
Studies Mechanical Engineering, Education, and Sociology. Mr. Tanmoy Mukherjee serves as the Chief Marketing Officer at Cerana Beverages Private Limited.
Mr. Mukherjee serves as Managing Director of Research and Strategy at Axonic Capital LLC. View Tanmoy Majumdar’s profile on LinkedIn, the world's largest professional community.
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