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may 2006

Supreme Court of India · 2006-05-12

Chandrika Singh vs Arvind Kumar Singh (Dead) By Lrs. & Ors

Court
Supreme Court of India
Petitioner
Chandrika Singh
Respondent
Arvind Kumar Singh (Dead) By Lrs. & Ors
Author
Tarun Chatterjee
Bench
Arijit Pasayat, Tarun Chatterjee

Judgment text excerpt

The Supreme Court upheld the decision of the Deputy Collector allowing the pre-emption application under Section 16(3) of the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961, determining that the sale deed from Paras Sah to Smt. Ghurla Kuer was a sham transaction intended to defeat pre-emption rights. The Court clarified that the pre-emption application must be filed within three months of the registration of the transfer, and since the application was timely, it was valid. The appeal by Paras Sah was dismissed as he failed to demonstrate any interest in proceeding with it.

Chandrika Singh vs Arvind Kumar Singh (Dead) By Lrs. & Ors · Niyam