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Preemption under Sec 8 of WBLR Act 1955


17-Sep-2023 (In Civil Law)
Mr X Purchased four Adjoing Plot of a,b,c & d but did not impeached Physical possesion after purchase. in the mean time Mr Y being Adjoing Land owner and co-sharer filed four misc case ( pre-emption ) under sec 8 of WBLR Act 1955 at a time for pre-emting plot a,b,c & d. In the circumstance while matter is sub juidicy Can Mr X present himself as adjoining Preemption for one and other Plot a,b,c & d?
Answers (1)

Answer #1
752 votes
If Mr. X is presently in physical possession of the land then the court will not disturb the enjoyment of his property, however, being a co-sharer Mr. Y has a good claim over the said land. In these circumstances, Mr. Y would take a stay on the property and ensure that no third party interest is created during the pendency of the suit.
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