ARDHENDU BHUSAN HALDAR (DEAD) BY L.RS. ETC. ETC. vs SMT. GANGAMONI MONDAL ETC. ETC.

The Supreme Court held that the right of pre-emption under Section 26-F of the Bengal Tenancy Act, 1885 does not survive after the interests of raiyats vested in the State under the West Bengal Estates Acquisition Act, 1953. The Court affirmed that the term 'co-sharer' implies joint ownership, which ceased to exist post-acquisition, thus negating the pre-emption claim. The Full Bench's conclusion that the right of pre-emption could not be exercised by erstwhile co-sharers was upheld, leading to the dismissal of the appeals.