SURESH PRASAD SINGH vs DULLIN PHUL KUMARI DEVI

The Supreme Court analyzed the provisions of Section 16(3) of the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961, emphasizing that the right of pre-emption is a statutory right that must be recognized when an application is filed within the stipulated time. The Court held that the High Court erred in dismissing the appellant's claim based on the vendee's long possession and the perceived weakness of the pre-emption right, reaffirming that such rights are mandatory under the law. Consequently, the Supreme Court allowed the appeal and set aside the High Court's judgment, restoring the order of the Additional Collector.