Appellant's Pre-emption Right Upheld by Supreme Court in Land Dispute

The Supreme Court held that the appellant's application under Section 16(3) of the Bihar Land Reforms Act, 1961 for the right of pre-emption in a land dispute was filed within the limitation period. The Court set aside the High Court's order, restoring the second appeal for disposal in accordance with the law and allowed the appeal with costs.

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Issues Involved:
The issue involves the interpretation of the limitation period for filing an application under Section 16(3) of the Bihar Land Reforms Act, 1961 for the right of pre-emption in a land dispute.

Judgment Details:

The appellant filed an application under Section 16(3) of the Act claiming right of pre-emption in a land dispute. The application was initially allowed but went through various appeals and revisions. The High Court ultimately dismissed the appeal, stating that the application was beyond the limitation period. The appellant contended that the application was filed within the period of limitation, while the respondent argued that the application was indeed beyond limitation and other requirements of Section 16 were not met.

The relevant provision, Section 16(3) of the Act, allows a co-sharer or a raiyat of adjoining land to apply for transfer of land within three months of the date of registration of the transfer document. The provision also requires the deposit of purchase money within the specified period.

The interpretation of the word 'month' was crucial in determining the limitation period. The Bihar and Orissa General Clauses Act, 1917 defines 'month' as per the British Calendar. The Act does not expressly exclude the Limitation Act, so the computation of the limitation period must exclude the starting date.

Referring to legal sources, the computation of a calendar month starting from an arbitrary date was explained. Following this method, the application filed on April 30, 1988, was within the three-month limitation period from the date of the registered sale deed on January 30, 1988.

The Supreme Court held that the application was within the limitation period and set aside the High Court's order, restoring the second appeal for disposal in accordance with the law. The appeal was allowed with costs.

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