SURESH PRASAD SINGH versus DULHIN PHULKUMARI DEVI AND ORS.

Citation: [2010] 6 S.C.R. 1047 · Decided: 12-05-2010 · Supreme Court of India · Bench: MUKUNDAKAM SHARMA · Disposal: Appeal(s) allowed
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Judgment (excerpt)

[2010] 6 S.C.R. 1047 
SURESH PRASAD SINGH 
v. 
DULHIN PHULKUMARI DEVI AND ORS. 
(Civil Appeal No. 187 of 2003) 
MAY 12, 2010 
[DR. MUKUNDA~~AM SHARMA AND A.K. PATNAIK, JJ.) 
Bihar Land Reforms (Fixation of Ceiling Area and 
Acquisition of Surplus Land) Act, 1961: 
s.16(3) - Object of - Discussed. 
A 
B 
c 
s. 16(3) - Right of pre-emption - Held: Is conferred on the 
co-sharer of the land transferred as a/so on the raiyat holding 
land adjoining to the land transferred - On facts, co-sht;lrer 
made an application under s. 16(3) within 3 months of the date 
D 
of registration of sale deed - Authorities ought to have allowed 
the application considering the mandatory nature of the right 
of pre-emption conferred by s. 16(3) - Vendee of the adjoining 
land cannot be allowed to defeat the right of pre-emption of 
co-sharer - Even after a long lapse of 19 years, High Court 
E 
should not have rejected the claim for pre-emption since it 
was lodged in accordance with the statute and within the time 
prescribed by the statute -J)irection_Jg_Colfector to facilitate 
conveyance of the land in faV071TOfco-sharer - ~elay/laches 
- Land laws - Pre-emption. 
1 
F 
s. 16(3) - Claim under, rejected on the glound that 
claimant was not co-sharer - Reliance placed on ~/~deeds 
- Held: On facts, not correct - Entries in the ReviSlonal 
Survey Khatiyan and the Chakbandi Khatiyan made by pubtiC' 
authorities were relevant for deciding whether the claimant was 
G 
co-sharer in respect of the land transferred - As per the 
Revisional Survey Khatiyan and the Chakbandi Khatiyan, 
claimant was the co-sharer of the transferor in the land 
transferred - Deeds and documents. 
1047 
H 
1048 
SUPREME COURT REPORTS 
[2010] ~ S.C.R 
A 
The suit land was sold to the respondent 1 by 'B' and 
'R' by a registered deed. Appellant thereafter filed an 
application under Section 16(3) of the Bihar Land 
Reforms (Fixation of Ceiling Area and Acquisition of 
Surplus Land) Act, 1961 for transfer of the suit land in his 
B favour on the ground that he was a co-sharer and a 
boundary raiyat in respect of the land and had right of 
pre-emption. He also deposited the purchase money in 
accordance with the proviso to Section 16(3)(i) of the Act. 
Deputy Collector rejected the application. The appellant 
C filed appeal which was allowed. In revision, Board of 
Revenue held that the appellant was not entitled to pre-
empt under Section 16(3) of the Act. Appellant filed writ 
petition before High Court. The High Court dismissed the 
writ petition holding that the right of pre-emption was a 
0 weak right and moreover the vendee had remained in 
possession of suit land for more than 20 years. Hence the 
appeal. 
Allowing the appeal, the Court 
E 
HELD: 1. A plain reading of Section 16(3)(i) of the 
Bihar Land Reform (Fixation of Ceiling Area and 
Acquisition of Surplus Land) Act, 1961 would show that 
any "co-sharer of the transferor" is entitled to make an 
application for the transfer of the land to him. Hence, the 
F expression "co-sharer of the transferor" would mean co-
sharer in the land transferred. The Board of Revenue had 
placed reliance on the recitals in the two sale-deeds for 
recording a finding that the appellant and the transferors 
of the land transferred were not co-sharers. The recitals 
G in the two sale-deeds made by the parties to the sale 
deeds were not relevant rather the entries in the 
Revisi.:>nal Survey Khatiyan and the Chakbandi Khatiyan 
made by public authorities were relevant for deciding 
whether the appellant and the transferors of land were 
co-sharers in respect of the land. As per the Revisional 
H 
SU RESH PRASAD SINGH v. DULHIN PHULKUMARI 1049 
DEVI AND ORS. 
Survey Khatiyan of the suit land and the Chakbandi 
A 
Khatiyan, the appellant and the transferors were co-
sharers of the land transferred to respondent No.1. The 
appellant being a co-sharer of the transferor in the land 
transferred to respondent No.1 had a statutory right of 
pre-emption under Section 16(3) of the Act. Section 
16(3)(i) states that any co-sharer "shall be entitled" within 
three months of the date of registration of the document 
B 
of the transfer, to make an application before the 
Collector in the prescribed manner for the transfer of the 
land to him on the terms and conditions contained in the c 
transfer deed. It is not disputed that the appellant in fact 
made such an application within three months of the date· 
of registration of the sale deed ex
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