Case Citation- Rai Kishori Saha vs.

Basat Ali Sardar 34 DLR (1982) 181

Appellant / Petitioner / Plaintiff – Rai Kishari Saha

Respondent / Defendant – Basat Ali Sardar

This Appeal was decided by the High Court Division in 04-02-1982

Brief Fact-

The Petitioner was a Hindu widow who was a co-sharer of the land in question by inheritance
from her dead husband. Under section-96 of the State Acquisition and Tenancy Act 1950, a co-
sharer by inheritance can apply for pre-emption but in case of the petitioner, she had a very
limited interest in care of jute which was the crop that had been cultivated in the disputing land.
The respondent was a Reversioner and a stranger who purchased the land in question and the sale
deed was registered in the respondent’s name.

Advocate on behalf of the Hindu widow claimed that the appellant was a co-sharer of the land by
inheritance and under section-96 she had a right to apply for pre-emption.

On the other hand, the argument of the defendant was based upon sub-section 1 of section-96 of
the State Acquisition and Tenancy Act 1950. Lawyer of the defendant claimed the application of
the Hindu widow was barred because she did not apply for her right within the time limitation
mentioned in section 96 (1).

Decision of the Court-

The High Court Division allowed the appeal.

To support its judgment the High Court Division prescribed the following grounds-

1) The sale deed was registered on October 20, 1969 and 4 months later the co-sharer Hindu
widow came to know about the sale registration on February 11, 1970 and applied for pre-
emption after 8 days of her acknowledgement.
In the Subordinate Court, the learned Judge held, the petitioner failed to prove that she came to
know about the registration after 4 months but the Hindu widow did apply for pre-emption
within 3 years of such registration. According to section- 96(1), an application for pre-emption
shall be allowed which is filed within 3 years from the date of registration of a sale deed. Thus,
the application of Hindu widow was not barred by limitation of time and it was immaterial for
the petitioner to prove that whether she knew about the sale or not because she did apply for pre-
emption within 3 years limitation.

2) The learned Judge of the Subordinate Court also held, because of being a Hindu widow the
petitioner cannot be considered as full-fledged co-sharer entitled to file a pre-emption case but
according to the High Court Division such observation was not correct because section-96 of the
State Acquisition and Tenancy Act-1950 stated clearly “co-sharer tenant by inheritance”, the
word “co-sharer” does not exclude any Hindu widow nor does the section specify any reason that
a Hindu widow should be barred from pre-empting.

3) The defendant was a reversioner and a stranger who purchased the land in question. The
Hindu widow was a co-sharer of the land by inheritance, so by following the provision of
Section- 96 her position to hold the land must be given priority against a complete stranger who
want to purchase such land.

4) A Hindu widow can exercise her right to pre-empt any land to which she is a co-sharer by
inheritance and after the widow’s death such land may be purchased by a stranger or by a bona
fide cultivator.

Case summary of Rai Kishori Saha vs. Basat Ali Sardar 34 DLR (1982) 18 was prepared by
Syed Quaiyum Reza Noor ,ID-12209004