CHANDRIKA SINGH (DEAD) THR. L.RS. versus ARVIND KUMAR SINGH (DEAD) BY L.RS. AND ORS.

CHANDRIKA SINGH (DEAD) THR. L.RS. versus ARVIND KUMAR SINGH (DEAD) BY L.RS. AND ORS.

The right to file a pre-emption application under Section 16(3) of the Bihar Land Reforms Act accrues only upon completion of registration of the sale deed; thus, a pre-emption application filed after registration against the first transferee is maintainable, even if there had been a prior unregistered sale deed in favour of a second purchaser.

Parties
Appellant: Chandrika Singh (Dead) Through L.Rs.; Respondent: Arvind Kumar Singh (Dead) By L.Rs. and Ors.
Jurisdiction
India
Judgment Date
12 May 2006
Procedural Posture
Civil Appeal / Supreme Court Final Appeal From Patna High Court, L.p.a. No. 943/1998
Outcome
Appeal allowed; impugned judgments of the High Court set aside.
Legal Topics
Pre Emption, Land Transfer, Registration of Sale Deeds, Ceiling Area, Surplus Land Acquisition
Property Law Pre Emption Land Transfer Registration of Sale Deeds Ceiling Area Surplus Land Acquisition

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Parties

Chandrika Singh (Dead) Through L.Rs.

Appellant

Arvind Kumar Singh (Dead) By L.Rs. and Ors.

Respondent

Procedural Posture

Civil Appeal / Supreme Court Final Appeal From Patna High Court, L.p.a. No. 943/1998

Legal Issues

  1. 1 When does the right to file a pre-emption application accrue under Section 16(3) of the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961?
  2. 2 Is the application for pre-emption maintainable against the first transferee when a second sale deed was executed but not registered?

Ratio Decidendi

The right to file a pre-emption application under Section 16(3) of the Bihar Land Reforms Act accrues only upon completion of registration of the sale deed; thus, a pre-emption application filed after registration against the first transferee is maintainable, even if there had been a prior unregistered sale deed in favour of a second purchaser.

Court Disposition

Appeal allowed; impugned judgments of the High Court set aside.

Orders

  • Application for pre-emption is allowed.
  • No order as to costs.