Suresh Prasad Singh vs Dullin Phul Kumari Devi And Ors

The Supreme Court held that the right of pre-emption under Section 16(3) of the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961 is a statutory right that must be enforced when an application is made within the prescribed time frame. The Court emphasized that the right of pre-emption is not merely a weak right but a mandatory provision, overruling the High Court's view that long possession of the vendee could negate this right. The Court ultimately allowed the appeal, setting aside the High Court's dismissal of the L.P.A. and reinstating the appellant's claim for pre-emption.