Hari Prasad Bhattacharjee And Anr. vs Chittaranjan Roy And Ors.

The Supreme Court held that under Section 24 of the West Bengal Non-agricultural Tenancy Act, a co-sharer has a statutory right of pre-emption, which does not require a formal transfer by a registered instrument. The court found that respondent No. 1, having stepped into the shoes of respondent No. 4, was entitled to exercise the right of pre-emption regarding the transfer of land by respondents Nos. 2 and 3 to the appellants. Consequently, the appeals were dismissed, affirming the right of respondent No. 1 to pre-empt the sale.