SHRI GOKUL MAHTO versus THE STATE BANK OF BIHAR AND ORS.

SHRI GOKUL MAHTO versus THE STATE BANK OF BIHAR AND ORS.

Neighbour's right of pre-emption under Section 16(3) does not apply to land received by way of gift, as gifts are excluded from purview of Section 16 by Explanation under sub-clause (1).

Parties
Appellant: Shri Gokul Mahto; Respondents: State Bank of Bihar and Ors.; Transferor of Gift: Third Respondent; Transferee of Gift: Fifth Respondent
Jurisdiction
India
Judgment Date
24 February 1999
Procedural Posture
Civil Appeal / Appeal From Judgment and Order Dated 22.3.1994 of the Patna High Court in C.w.j.c. No. 3314 of 1987
Outcome
Appeal dismissed
Legal Topics
Pre Emption, Land Transfer, Gift Under Land Reforms Act
Property Law Pre Emption Land Transfer Gift Under Land Reforms Act

Case Brief

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Parties

Shri Gokul Mahto

Appellant

State Bank of Bihar and Ors.

Respondents

Third Respondent

Transferor of Gift

Fifth Respondent

Transferee of Gift

Procedural Posture

Civil Appeal / Appeal From Judgment and Order Dated 22.3.1994 of the Patna High Court in C.w.j.c. No. 3314 of 1987

Legal Issues

  1. 1 Whether neighbour's right of pre-emption under Section 16(3) of the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961 applies to land received by way of gift.

Ratio Decidendi

Neighbour's right of pre-emption under Section 16(3) does not apply to land received by way of gift, as gifts are excluded from purview of Section 16 by Explanation under sub-clause (1).

Court Disposition

Appeal dismissed

Orders

  • No order as to costs