Pre-emption rights of a contiguous landowner under Section 8 of the West Bengal Land Reforms Act, 1955 must be exercised strictly within four months of the date of transfer.

The appellant asserted a right of pre-emption under Section 8(1) of the West Bengal Land Reforms Act, 1955 ("the 1955 Act") as a raiyat possessing land contiguous to the transferred plot.

The application was filed 17 months after the date of transfer.

The Court of First Instance rejected the application as barred by the four-month limitation period prescribed by the Act.

The Appellate Court reversed this, holding that since the appellant was not served notice, the application could not be rejected at the threshold.

However, the High Court at Calcutta restored the Trial Court's order, ruling the application ex-facie barred by limitation.

The court applied Section 8(1) of the West Bengal Land Reforms Act, 1955, which specifies distinct limitation periods for three categories of pre-emptors: three months for bargadars, three months from notice under Section 5(5) for co-sharers, and four months from the date of transfer for contiguous raiyats.

It relied on Audh Behari Singh v. Gajadhar Jaipuria, which defined pre-emption as a "weak right" that operates as a clog on the owner's right to alienate property.

The court also applied the doctrine of "Reading Down," noting it is only permissible to save a statute from unconstitutionality or to clarify ambiguity, as established in Delhi Transport Corporation v. D.T.C. Mazdoor Congress.

The Court reasoned that the right of pre-emption is a statutory "weak right" with no equities in favor of the pre-emptor, requiring strict construction of the statute.

It observed that the legislature intentionally created three distinct categories of pre-emptors with different triggers for limitation.

While Section 5(4) and 5(5) mandate service of notice specifically for co-sharers, no such requirement exists for contiguous landholders; instead, the law relies on public affixation of notice on the plot and at the registry office.

The Court held that since Section 8(1) is unambiguous and uses the phrase "within four months of the date of such transfer" (not "date of knowledge"), there is no legal basis to "read down" the provision or import a notice requirement where the legislature chose to omit one.

It held that for a raiyat possessing adjoining land, the limitation period of four months is absolute from the date of transfer, irrespective of the date of personal knowledge.

The Court affirmed the High Court’s order, concluding that the appellant’s application was time-barred as it was filed 17 months after the transfer.