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Supreme Court of India · 2004-03-09

GOPAL SARDAR vs KARUNA SARDAR

Citation / case number
SC 1997/12744
Court
Supreme Court of India
Petitioner
GOPAL SARDAR
Respondent
KARUNA SARDAR
Author
D.M. DHARMADHIKARI SHIVARAJ V. PATIL
Bench
D.M. DHARMADHIKARI SHIVARAJ V. PATIL

Judgment text excerpt

The Supreme Court addressed the application of Section 8 of the West Bengal Land Reforms Act, 1955, concerning the right of pre-emption based on vicinage. The Court upheld the High Court's decision that Article 137 of the Limitation Act, 1963, applied, allowing for the condonation of delay in filing the application. The Court ultimately remitted the case for a merits decision, affirming the respondent's entitlement to pre-emption based on their earlier purchase in 1966, despite the appellant's claims of limitation and possession.

GOPAL SARDAR vs KARUNA SARDAR · Niyam