Summary
An adjoining landholder sought statutory pre-emption while depositing only the lower consideration he alleged, rather than the registered deed’s stated price plus ten per cent. The Court held that full timely deposit was a condition for activating the right. A challenge to the stated price could be examined afterwards, with refund of excess, but could not justify the initial short deposit or a late extension.
Issues
- Whether a pre-emptor could activate the right by depositing less than the deed consideration plus ten per cent.
- Whether the balance could be deposited after expiry of the statutory period.
Provisions considered
- Section 9(1), West Bengal Land Reforms Act, 1955The enquiry and refund mechanism followed the prerequisite deposit contemplated by section 8(1), rather than excusing that deposit. (¶¶ 4, 25, 26, 27, 29)
Held
- The statutory right of pre-emption is a weak right requiring strict compliance; equitable considerations cannot enlarge its prescribed conditions. Both the time limit and the amount required to activate the right must be respected. (¶¶ 11, 12, 13, 22, 23, 24)
- Full deposit of the stated sale consideration plus ten per cent within the prescribed time is a prerequisite. A pre-emptor cannot substitute the sum he believes correct, even alleging an inflated price. Section 9 enquiry can examine the stated consideration and additional proper expenses after the prerequisite deposit, with excess refunded. (¶¶ 24, 25, 26, 27, 28, 29)
- A deficient initial deposit can trigger the right if the balance is deposited within the statutory period, but no extension was available here after that period. The unsuccessful applicant remained entitled to return of his deposit and interest actually earned. (¶¶ 33, 34, 35, 36)
Result
The appeal was allowed, with each party bearing its own costs. No further time was granted for the balance deposit, and the respondent was entitled to refund of his deposit together with interest, if any, earned on it.