Supreme Court of India · 1996-11-20
S.K. ARSED ALI & ANR. vs S.K. FAZLE HAKANI
- Citation / case number
- SC 1985/67062
- Court
- Supreme Court of India
- Petitioner
- S.K. ARSED ALI & ANR.
- Respondent
- S.K. FAZLE HAKANI
- Author
- SUJATA V. MANOHAR M. M. PUNOHHI
- Bench
- SUJATA V. MANOHAR M. M. PUNOHHI
Judgment text excerpt
The Supreme Court held that under Section 2(7) of the West Bengal Land Reforms Act, the term 'land' excludes 'tanks', and thus the respondent, who owned a 'doba' (a type of tank), was not a co-sharer entitled to preempt the sale of land. The Court found that the High Court erred in its interpretation, as the respondent's land did not qualify as agricultural land under the Act. Consequently, the Supreme Court restored the judgments of the lower courts, denying the respondent's claim for preemption.