Section 8 Pre-emption Right of Purchase ~ LLBH

Section 8 Pre-emption Right of Purchase

Section 8 of the West Bengal Land Reforms Act 1955 deals with the right of pre-emption of three classes of persons, i.e., bargadar, co-sharer raiyat, and raiyat as an adjoining owner.

Pre-emption is a right to buy or purchase before or in preference to other persons. The supreme court in Bishan Singh v. Khajan Singh AIR 1958 SC 838 , observed that the right of preemption is not a right to the thing sold but a right to the offer of a thing about to be sold. This type of right is said to be primary or inherent right.

Section 8(1)--

If a portion or share of a plot of land of a raiyat is transferred to any person other than a co-sharer of a raiyat in the plot of land , the bargadar in the plot of land may, within three months of the date of such transfer, or any co-sharer of a raiyat in the plot of land may, within three months of the service of the notice given under sub-section (5) of section 5, or any raiyat possessing land adjoining such plot of land may, within four months of the date of such transfer, apply to the Munsif having territorial jurisdiction, for transfer of the said portion or share of the plot of land to him, subject to the limit mentioned in section 14M, on deposit of the consideration money together with a further sum of ten per cent of that amount:

Provided that if the bargadar in the plot of land, a co-sharer of raiyat in a plot of land and a raiyat possessing land adjoining such plot of land apply for such transfer, the bargadar shall have the prior right to have such portion or share of the plot of land transferred to him, and in such a case, the deposit made by others shall be refunded to them:

Provided further that where the bargadar does not apply for such transfer and a co-sharer of a raiyat in the plot of land and a raiyat possessing land adjoining such plot of land both apply for such transfer, the former shall have the prior right to have such portion or share of the plot of land transferred to him, and in such a case, the deposit made by the latter shall be refunded to him:

Provided also that as amongst raiyats possessing lands adjoining such plot of land preference shall be given to the raiyat having the longest common boundary with the land transferred.

Section 8(2)

Nothing in this section shall apply to—

(a) a transfer by exchange or by partition, or

(b) a transfer by bequest or gift, or hiba-bil-ewaz, or

(d) a transfer for charitable or religious purposes or both without reservation of any pecuniary benefit for any individual, or

(e) a transfer of land in favour of a bargadar in respect of such land if after such transfer, the transferee holds as a raiyat land not exceeding one acre (or 0.4047 hectare) in area in the aggregate.

Explanation.—All orders passed and the consequences thereof under sections 8, 9 and 10 shall be subject to the provisions of Chapter IIB.

In Gadadhar Ghosh v. Sristhi Dev Ghosh (2000)2 Cal LJ 423. The Calcutta HC held that when the entire plot of land of a raiyat was sold, Section 8 is not attracted.

Section 8(3)

Every application pending before a Revenue Officer at the commencement of section 7 of the West Bengal Land Reforms (Amendment) Act, 1972 shall, on such commencement, stand transferred to, and disposed of by, the Munsif having jurisdiction in relation to the area in which the land is situated and on such transfer every such application shall be dealt with from the stage at which it was so transferred and shall be disposed of in accordance with the provision of this Act, as amended by the West Bengal Land Reforms (Amendment) Act, 1972.

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