VidhiSangh

Supreme Court of India · 17/10/2019

BARASAT EYE HOSPITAL & ORS. versus KAUSTABH MONDAL

[2019] 15 S.C.R. 1022 · 2019 INSC 1155

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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

  1. Whether a pre-emptor could activate the right by depositing less than the deed consideration plus ten per cent.
  2. Whether the balance could be deposited after expiry of the statutory period.

Provisions considered

Held

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.

Judgment PDF: Supreme Court of India, [2019] 15 S.C.R. 1022.