M/L- 68 v. Mir Year Bus & Ors.
Case at a glance
- Bench
- HIRANMAY BHATTACHARYYA
Provisions considered
- Constitution of India art. 227
- West Bengal Land Reforms Act, 1955 ss. 8, 9
Judgment
the First Appellate Court rightly took note of the decision of the Hon’ble Supreme Court in the case of Gopal Sardar vs. Karuna Sardar reported at (2004) 4 SCC 252 and rightly held that Article 97 of the Limitation Act shall apply in respect of an application for pre-emption at the instance of a non-notified co-sharer. In view thereof there is no necessity for this Court to delve upon the other issues raised in the preemption application. This Court finds that the learned Judge of the First Appellate Court was right in holding that the application for preemption was barred by limitation. For the reasons as aforesaid this Court is not inclined to interfere with the judgment and order dated December 12, 2024 passed by the learned Additional District Judge, Rampurhat in Misc. Appeal (Pre-emption) No.7 of 2010. CO 464 of 2025 stands dismissed. There will be no order as to costs. Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities. (Hiranmay Bhattacharyya, J.)
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.