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.