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may 2006

Supreme Court of India · 2006-05-12

CHANDRIKA SINGH (DEAD) THROUGH LRS. vs ARVIND KUMAR SINGH (DEAD) BY LRS. .

Citation / case number
SC 1999/19216
Court
Supreme Court of India
Petitioner
CHANDRIKA SINGH (DEAD) THROUGH LRS.
Respondent
ARVIND KUMAR SINGH (DEAD) BY LRS. .
Author
TARUN CHATTERJEE
Bench
TARUN CHATTERJEE ARIJIT PASAYAT

Judgment text excerpt

The Supreme Court held that under Section 16(3) of the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961, a pre-emption application must be filed within three months of the registration of the transfer document. The Court affirmed the Deputy Collector's finding that the sale deed from Paras Sah to Smt. Ghurla Kuer was a sham transaction intended to defeat the pre-emption rights of Chandrika Singh. Consequently, the Court upheld the decision allowing the pre-emption application, reinforcing the legal principle that transactions aimed at circumventing statutory rights are invalid.

CHANDRIKA SINGH (DEAD) THROUGH LRS. vs ARVIND KUMAR SINGH (DEAD) BY LRS. . · Niyam