Holding

Section 5 of the Limitation Act does not apply to applications under Section 8 of the West Bengal Land Reforms Act, as the Act is a self‑contained code that expressly excludes Section 5, making the specific limitation period in Section 8 the governing rule.

Summary

The Supreme Court examined two civil appeals concerning applications under Section 8 of the West Bengal Land Reforms Act, 1955 for enforcement of a statutory right of pre‑emption. The respondents claimed that the applications were barred by limitation, while the appellants argued that Section 5 of the Limitation Act, 1963 could be invoked to condone the delay. The Court held that an application under Section 8 is in the nature of a suit and that the West Bengal Act is a self‑contained code which expressly excludes the operation of Section 5, so the specific limitation period prescribed in Section 8 governs. Consequently, the belated applications (four and six years after transfer) were hopelessly time‑barred. The Court allowed Civil Appeal No. 4688 1998, setting aside the lower court’s order and dismissing the pre‑emption claim, and dismissed Civil Appeal No. 444 2000.

Issues considered

Whether Section 5 of the Limitation Act, 1963 applies to applications made under Section 8 of the West Bengal Land Reforms Act, 1955
Whether the limitation period prescribed in Article 137 of the Limitation Act applies to such applications
Whether proceedings under Section 8 are to be treated as suits for the purpose of the Limitation Act

Legislation cited

Code of Civil Procedures. 115
Limitation Act, 1963s. 29(2), s. 5, s. Article 137, s. Article 97
West Bengal Land Reforms Act, 1955s. 14H, s. 14O, s. 19, s. 8

Subjects

Right of pre‑emptionLimitation ActSection 5Section 8West Bengal Land Reforms ActExpress exclusionSuit vs applicationCondonation of delayStatutory rightSelf‑contained code

Judgment

A GOPAL SARDAR
v.
KARUNA SARDAR

MARCH 9, 2004

B (SHIVARAJ V. PATIL AND D.M. DHARMADHIKARI, JJ.]

Land Laws:
--
c
West Bengal Land Reforms Act, 1955: Section 8.

Right ofpre-emption-Application for-Limitation Act, S. 5-Applicability
-
of-Held: An application under S. 8 was in the nature of a suit-Hence, S. 5
of the Limitation Act not applicable-Further, the limitation period prescribed
under S. 8 ofthe W.B. Act only applicable and the limitation period prescribed
under Art. 1 j7 of the Limitation Act not applicable-The W.B. Act provided
D for express application of S. 5 of the Limitation Act except for S. 8 thereof-
Hence, it amounted to, "express exclusion" of S. 5 of the Limitation Act under
S. 29(2) thereof-Limitation Act, 1963, Ss. 5 and 29(2).

Right of pre-emption-Nature of-Held: Is a statutory right but a weak
one-Therefore, it had to be exercised strictly in terms ofS. 8 and considerations
E
of equity had no place.
._.._
Words and Phrases:

"Expressly excluded"-Meaning of-In the context of S. 29(2) of the
Limitation Act, 1963.
F
CIVIL APPEAL NO. 4688 OF 1998 ---!-'

The respondent made an application under Section 8 of the West Bengal
Land Reforms Act, 1955 in the Munsif Court claiming right of pre-emption
in the suit plot. According to the respondent, she came to know that the
G appellant had purchased the said plot and that transaction came to her
knowledge only six years later. The appellant contested the case on the ground
that the application was barred by limitation. The Munsif Court condoned
the delay but dismissed the application on merits. The appellant's appeal was
dismissed both on the ground of limitation as well as on merits. However, the
H 826
.;:-
GOPALSARDARv.KARUNASARDAR 827
- High Court held that the period under Article 137 in the Schedule of the A
Limitation Act, 1963 was applicable to the case and, therefore, upheld the
order passed by the Munsif Court condoning the delay and remitted the case
to the first appellate court to decide the matter on merits. Hence the appeal.

CIVIL APPEAL NO. 444 OF 2000
B
The appellant made an application under Sect.an Ii of the West Bengal
Land Reforms Act, 1955 to enforce her right of pre-emption stating that she
came to know about the sale deed of the land in qu·.:stion and that this
transaction came to her knowledge only four years later. The appellant also
filed an application under Section 5 of the Limitation Act, 1963 for
condonation of delay. The Munsif Court rejected both the applications~ The C
revisional court condoned the delay in making the application under Section
8 of the W.B. Act applying Article 137 of the Limitation Act and remitted
the case to the Munsif Court to decide the matter on merits. However, the
High Court held that the application was barred by limitation and set aside
· the order of the revisional court. Hence the appeal. D
The respondent in C.A. No. 444/2000 and the appellant in C.A. No. 4688/
1998 contended that an application made under Section 8 of the Act was a
suit and, therefore, Section 5 of the Limitation Act did not apply to such an
application.
E
The appellant in C.A. No. 444/2000 and the respondent in C.A. No. 4688/
1998 contended that Sections 8 and 9 of the Act spoke of "application" and
not of "suit"; hence, Section 5 of the Limitation Act applied; that exclusion
of the application of the Limitation Act must be made expressly as required
under Section 29(2) of the Limitation Act; and that there was no scope for
implied exclusion. F
The following question arose before the Court:

"Whether Section 5 of the Limitation Act, 1963 was applicable to an
application made under Section 8 of the West Bengal Land Reforms Act, 1955
having regard to Section 29(2) of the Limitation Act?" G
Allowing C.A. No. 4688 of 1988 and dismissing C.A. No. 444 of 2000,
the Court

HELD: 1.1. There is reference to suits in Section 8 and Article 137 of
the Limitation Act, 1963, but there is no reference to an application for H
828 SUPREME COURT REPORTS [2004] 2 S.C.R.

. ··A enforcement of right of pre-emption. Having regard to the fact that the West
Bengal Land Reforms Act, 1955 is a self-contained Code in relation to the
enforcement cf rights of pre-emption and looking to the provisions of the
Limitation Act, it is clear that when one applies for enforcement of rights of
pre-emption under Section 8 of the Act, the proceedings initiated are in the
nature of a suit. [836-G-H; 837-A-B]
B
Serish Majiv. Nishit Kumar Dolui., (1999) 1C.H.N.365 (Cal.), approved.

1.2. Section 5 of the Limitation Act is not attracted to the proceedings
initiated under Section 8 of the Act. The right conferred under Section 8 is a
C statutory right. [837-C-D)

2.1. The Act is a self-contained Code inasmuch as the Act provides to
enforce the rights of pre-emption, forum is provided, procedure is prescribed,
remedies including the appeals and revisions are provided, penalties are
indicated for non-compliance of the orders and powers are given for
D restoration of land. Further, period of limitation is also specifically prescribed
to make an application under Section 8 of the Act and for preferring appeals
or revisions under the provisions of the Act. [837-C-D]

2.2. Section 5 of the Limitation Act or its principles has been expressly
and specifically incorporated in the various Sections of the Act. In contrast
E although Section 8 of the Act prescribes period of limitation for applying to ;
enforce pre-emption rights, it does not speak of application of Section 5 of
the Limitation Act or its principles. It necessarily; therefore, follows that the
Legislature did not intend to give benefit of Section 5 cf the Limitation Act
having. regard to the nature of rights of pre-emption, which is considered a
weak right. [837-G-H; 838-A-B)
F
Matto Devi v. Damodar Lal, (2001) 6 SCC 330, relied on. --~

Gobind Dayal v. lnayatul/ah, ILR (1985) 7 All 775 and Moo! Chand v.
· Ganga Jal, ILR (1930) 11 Lah 258 (FB), cited.

G 3. Even after the amendment of Section 8 of the Act by the West Bengal
Land Reforms (Amendment) Act, 1972 when an application is required to
bP made before the Munsif Court, no amendment was made to Section 8 of
the Act either to apply Section 5 of the Limitation Act or its principles. It is,
therefore, appropriate to construe that the period of limitation prescribed
H under Section 8 of the Act specifically and expressly governs an application
GOPALSARDARv.KARUNASARDAR 829
- to be made under the said Section and not the period prescribed under Article
137 of the Limitation Act. [839-B-D)
A

4. Section 29(2) of the Limitation Act as to the express exclusion of
Section 5 of the Limitation Act and the specific period of limitation prescribed
under Section 8 of the Act without providing for either extension of time or
application of Section 5 of the Limitation Act or its orinciples can be read B
together harmoniously. (842-F-G)

Hukumdev Narain Yadav v. Lalit Narain Mishrc. .., [1974) 2 SCC 133,
Anwari Basavaraj Patilv. Siddaramaiah, [1993) 1SCC636 and CSTv. Parson
Tools and Plants., AIR (1975) SC 1039, relied on.
c
5. A conscious and intentional omission by the Legislature to exclude
application of Section 5 of the Limitation Act to the proceedings under Section
8 of the Act, looking to the scheme of the Act, nature of right of pre-emption
and express application of Section 5 of the Limitation Act to the other
provisions under the Act, itself means and amounts to "express exclusion" of D
it satisfying the requirement of Section 29(2) of the Limitation Act.
[843-A-B)

Hukumdev Narain Yadav v. Lalit Narain Mishra., [1974) 2 SCC 133 and
Anwari Basavaraj Patil v. Siddaramaiah, [1993] 1 SCC 636, relied on.

Mangu Ram v. Municipal Corporation of Delhi, (1976) 1 SCC 392 and
E
Kaushalya Rani v. Gopal Singh, [1964] 4 SCR 982, referred to.

Muh·i Gopalan v. Cheppilat Puthanpurayil Aboobacker., [1995] 5 SCC 5,
held inapplicable.
F
6. Section 5 of the Limitation Act cannot be pressed into service in aid
of a belated application made under Section 8 of the Act seeking condonation
of delay. The right of pre-emption conferred under Section 8 is a statutory
right besides being weak; it has to be exercised strictly in terms of the said
Section and consideration of equity has no place. In the instant case,
applications under Section 8 were not made within four months from the date G
of transfer but they were made four years and six years after the date of
transfer respectively, which were hopelessly barred by time. [845-B-DI

CIVIL APPELLATE JURISDICTION : Civil Appeal No. 4688 of
1998.
H
830 SUPREME COURT REPORTS [2004] 2 S.C.R.

A From the Judgment and Order dated 13.12.96 of the Calcutta High
Court in C.O. No. 3219 of 1990.
-
WITH

C.A. No. 444 of 2000.
B
Shibshankar Sarkar and Pradyot Kumar Chakravarty for the Appellant
in C.A. No. 4688/98.

M.N. Krishnamani, Abhijit Sengupta, Anant De, G. Venkatesh and
Pijush Khaura for the Appellant in C.A. No. 444/2000.
c Raja Chatterjee and G.S. Chatterjee for the Respondent in C.A. No.
4688/98. -

Ranjit Kumar, S.B. Sanyal, Pijush K. Roy, Dipankar Datta and Pranab
Kumar Mullick for the Respor..dent in C.A. No. 444/2000.
D
The Judgment of the Court was delivered by

SHIVARAJ V. PATIL J. CIVIL APPEAL NO. 4688 OF 1998

The respondent made an application under Section 8 of the West Bengal
E Land Reforms Act, 1955 (for brevity 'the Act') in the Munsif Court claiming
right of pre-emption on the basis of vicinage being the owner of adjoining
plots of land purchased on 20.7.1966 and 1.6.1981. According to her, the
appellant tried to take forcible possession of the plot no. 1368 adjoining to
the east of his land. It is her case that she came to know on 18.9.1985 that
the appellant had purchased the said plot no. 1368 on 17.8.1979, which is
F adjoining the respondent's plot no. 1366. The appellant contested the case
denying the material incidents and inter alia contending that the application
made under Section 8 of the Act was barred by limitation. The Munsif Court
condoned the delay on the ground that the respondent had no knowledge of
the sale till the date of application and that there was sufficient cause for not
G making the application within time but dismissed the application on merits
finding that on the date of transfer, the respondent was not possessing the
longest common boundary. The appeal filed by the respondent against the
said order of the Munsif Court was dismissed by the learned Addi. District
Judge both on the ground of limitation as well as on merits. In other words,
on merits, the learned Addi. District Judge concurred with the finding recorded
H by the Munsif Court and reversed its finding on the limitation holding that
GOP AL SARDAR v. KARUNA SARDAR [PATIL, J.] 831
- the application filed by the respondent was barred by time. The respondent A
approached the High Court by filing a revision petition under Section 115 of
the Code of Civil Procedure. The High Court held that the period under
Article 137 in the Schedule of the Limitation Act, 1963 (for short 'Limitation
Act') was applicable to the case. In that view, the High Court upheld the
order passed by the Munsif Court condoning the delay for making the
application. The High Court also held that the respondent was entitled to get B
the order of pre-emption on the basis of purchase in 1966 in view of the
amendment of 1981. In the result, the High Court set aside the order of the
Addi. District Judge and remitted the case to the first appellate court (District
.... _ Judge) to decide on merits. Hence, this appeal.

CIVIL APPEAL NO. 444 OF 2000
c
The appellant made an application to enforce right of pre-emption under
Section 8 of the Act as a contiguous land owner in the Munsif Court stating
that he came to know about the sale deed of the land in question on 18.2.1989.
She immediately rushed to the office of the sub-Registrar and on search came D
to know of the existence of the sale deed dated 27.5.1983. The application
under Section 8 was filed within time from the date of knowledge; an
application under Section 5 of the Limitation Act also was filed for condonation
of delay in filing the application under Section 8 of the Act; the Munsif Court
dismissed the application filed under Section 5 of the Limitation Act;
consequently rejected the application filed under Section 8 of the Act. E
Aggrieved by the said order of the Munsif Court, the appellant filed Civil
Revision No. 56 of 1991 in the District Court under Section 115-A of the
Code of Civil Procedure; the learned District Judge condoned the delay in
making application under Section 8 of the Act applying Article 137 of the
Limitation Act, set aside the order of the Muns if Court and remitted the case
F
to the Munsif Court to decide the application made under Section 8 of the
Act on merits. The respondent moved the High Court under Article 227 of
the Constitution of India challenging the aforementioned order of the District
Judge. The High Court by the impugned order, set aside the order of the
learned Addi. District Judge holding that the claim made by t~e appellant
was barred by limitation following the Division Bench decision of the High G
Court reported in Serish Maji v. Nishit Kumar Dolui, (1999) 1 C.H.N. 365.
Consequently, the High Court dismissed the application filed by the appellant

- under Section 8 of the Act. Hence, this appeal.

Mr. Ranjit Kumar, learned senior counsel for the respondent in C.A.
H
832 SUPREME COURT REPORTS [2004] 2 S.C.R.

A No. 444 of 2000 and Shri Shibshankar Sarkar, learned senior counsel for the
appellant in C.A. No. 4688 of 1998 contended that an application made
-
under Section 8 of the Act is a suit; hence Section 5 of the Limitation Act
does not apply in making an application under Section 8 of the Act; Schedule
to the Limitation Act contains three divisions, relating to suits, appeals and
applications respectively; Article 97 of the Limitation Act relates to
B enforcement of right of pre-emption and there is no reference to pre-emption
suit anywhere else in the Schedule; Under Article 97, the period of limitation
prescribed is one year. As per Section 29(2) of the Limitation Act, the period
of limitation prescribed under any special or local law for any suit, appeal or
application is different from the period prescribed in the Schedule of the
C Limitation Act. Section 3 of the Limitation Act shall apply as if such period
is the period prescribed by the Schedule of the Limitation Act and for the
purpose of determining any period of limitation prescribed for any suit, appeal
or application by any special or local law, the provisions contained in Sections
4 to 24 shall apply in so far as and to the extent to which they are not
expressly excluded by such special or local law. The learned senior counsel
D submitted that under Section 14H of the Act, a period of limitation is prescribed
for filing an appeal or revision; in the second proviso thereto, it is expressly
provided that Section 5 of the Limitation Act shall apply to an appeal under
the said Section. Under Section 14(0) for filing an appeal, 30 days is the
period of limitation prescribed. Expressly, provision is also made in the same
E Section enabling the appellate authority to permit further time for filing an
appeal on sufficient cause being shown. Again under Section 19(2), a period
of limitation of 30 days is prescribed for filing an appeal and in the proviso
attached to the said sub-Section, it is clearly and expressly stated that the
provisions of Section 5 of the Limitation Act shall apply to an appeal under
the said Section. Under Section 8 of the Act, for filing an application for pre-
F emption, various periods of limitation are prescribed but unlike under other
provisions aforementioned, no provision is made for applying Section 5 of
the Limitation Act. Hence, by necessary implication the application of Section
5 of the Limitation Act is excluded to such proceedings. It was also urged
that the Act is a complete Code relating to pre-emption proceedings. Even
G after amendment of certain provisions of the Act, no such provision was
made under Section 8 to apply Section 5 of the Limitation Act. The learned
senior counsel cited, few decisions in support of their submissions. They
urged that the impugned order in C.A. No. 4688 of 1998 cannot be sustained
and the impugned order made in C.A. No. 444 of 2000 is to be upheld.

H Mr. M.N. Krishnamani, learned senior counsel for the appellant in C.A.
GOP AL SARDAR v. KARUNA SARDAR [PATIL, .I.] 833
..-- No. 444/2000 and the learned counsel for the respondent in C.A. No. 4688/ A
1998 contended that Sections 8 and 9 of the Act speak.of 'application' and
not of 'suit'; hence, Section 5 of the Limitation Act applies: exclusion of
application of provisions of Limitation Act is to be made in special Act and
such exclusion must be made expressly as required under Section 29(2) of
the Limitation Act: there is no scope for implied exclusion contrary to the
statutory requirement. They also cited some decisions in support of their B
case. In reply, Shri Ranjit Kumar, the learned senior counsel, drew our attention
to Section 8 of the Limitation Act.

In the light of the submissions made by the learned counsel for the
...... parties in both these appeals, basically the only short question that arises for
c
consideration is whether Section 5 of the Limitation Act is applicable to an
application made under Section 8 of the Act having regard to Section 29(2)
of the Limitation Act. Ultimate result in these appeals depends on the answer
to this question.

Before finding an answer to the question, it is both useful and necessary D
to reproduce relevant portions of the provisions of the Act and Limitation
Act: -

West Bengal Land Reforms Act, 1955

"8. Right of purchase by co-sharer or contiguous tenant - (I) If a
portion or share of a plot of land of a raiyat is transferred to any
E
person other than a co-sharer of a raiyat in the plot of land, the
bargadar in the plot of land may, within three months of the date of
such transfer, or any co-sharer of a raiyat in the plot of land may,
within three months of the service of the notice given under sub-
Section (5) of Section 5, or any raiyat possession land adjoining such F
plot of land, may, within four months of the date of such transfer,
apply to the Munsif having territorial jurisdiction for transfer of the
said portion or share of the plot of land to him, subject to the limit
mentioned in Section 14M on deposit of the consideration money
together with a further sum of ten per cent of that amount."
G
"14H. Appeal and revision - An appeal, if presented within thirty
days from the date of the order appealed against, shall lie to the
Munsif having jurisdiction from any order made under sub-Section
=-...
(4) of Section 14C or Section 14E or Section 140 and his order shall
be final:
H
834 SUPREME COURT REPORTS [2004] 2 S.C.R.

A Provided that an application for revision or modification of the order
passed by Munsif on appeal shall lie to the District Judge if made within
sixty days from the date of the order:
...
Provided further that the provisions of Section 5 of the Limitation
Act, 1963 (Act 36of1963) shall apply to an appeal under this Section."
B
"14-0. Appeal - Any person who is aggrieved by any determination
made by the prescribed authority under Section l 4N may, within
thirty days from the date of such determination or within such further
time as the appellate authority may, on sufficient cause being shown,

c
allow, prefer an appeal to such authority as the State Government
may, by notification in the Official Gazette, specify in this behalf,
against such determination."
-
"19. App~al - (1) An appeal shall lie to the Collector, having
jurisdiction over the area in which the land is situated, against any
order made under Section 17 or Section 18 or sub-Section (3) of
D Section 21. The Collector shall, on an appeal being disposed of, send
a copy of his order to the officer or authority whose decision is
appealed against.

(IA) .................. .

E (2) The period within which the appeal mentioned in sub-Section (1)
must be fileli shall be thirty days from the date of the order appealed
against:

Provided that an appeal against any order referred to in sub-
section (2) of Section I SA made' before the commencement of the
F West Bengal Land Reforms (Amendment) Act, 1960 may be filed
within ninety days of such commencement:

Provided further that the provisions of Section 5 of the Indian
Limitation Act, 1908 shall apply to an appeal under this Section."

(Emphasis supplied)
G
Provisions of Limitation Act:-

"2. Definitions - In this Act, unless the context otherwise requires, -

(a) .............................. .
H
GOP AL SARO AR v. KAR UNA SARO AR [PA TJL, .I.] 835
(b) "application" includes a petition. A
(c) to (k) ............. .

(I) "suit" does not include an appeal or an application;"

"3. Bar of limitation - (1) Subject to the provisions contained in
Sections 4 to 24 (inclusive), every suit instituted, appeal preferred, B
and application made after the prescribed period shall be dismissed
although limitation has not been set up as a defence."

.......
' "5. Extension of prescribed period in certain cases - Any appeal or
any application, other than an application under any of the provisions
of Order XXI of the Code of Civil Procedure, 1908 may be admitted C
after the prescribed period, if the appellant or the applicant satisfies
the. court that he had sufficient cause for not preferring the appeal or
making the application within such period.

Explanation - The fact that the appellant or the applicant was misled D
by any order, practice or judgment of the High Court in ascertaining
or computing the prescribed period may be sufficient cause within
the meaning of this Section."

"8. Special exceptions - Nothing in Section 6 or in Section 7 applies
to suits to enforce rights of pre-emption, or shall be deemed to extend, E
for more than three years from the cessation of the disability or the
death of the person affected thereby, the period of limitation for any
suit or application."

"29. Savings -

(1) ................. . F
(2) Where any special or local law prescribes for any suit, appeal or
application a period of limitation different from the period prescribed
by the Schedule, the provisions of Section 3 shall apply as if such
period were the period prescribed by the Scriedule and for the purpose
of determining any period of limitation prescribed for any suit, appeal G
or application by any special or local law, the provisions contained
in Sections 4 to 24 (inclusive) shall apply only in so far as, and to the
extent to which, they are not expressly excluded by such special or
local law."
H
A
836 SUPREME COURT REPORTS

"The Schedule
[2004] 2 S.C.-R.
--- '

Description of suit period of Time from which period
limitation begins to run

FIRST DIVISION SUITS
B Part IX-Suits relating to Miscellaneous Matters
Article 97:-
To enforce a right of pre- One year When the purchaser takes under
emption whether the the sale sought to be impeached,
right is founded on law physical possession of the whole
c or general usage or on
special contract
or part of the property sold, or,
where the subject matter of the
sale does not admit of physical
possession of the whole or part
of the property, when the
instrument of sale is registered.
D
SECOND DIVISION APPLICATIONS

Description of application period of Time from which period
limitation begins to run

E Part II - Other Applications
Article 137
.
For any other application 3 years When the right to apply
.
...
for which no period of accrues~"
limitation is provided
F elsewhere in this division

In Section 8 of the Limitation Act there is reference to suits to enforce
rights of pre-emption stating therein that nothing in Section 6 or Section 7
applies to suits to enforce rights of pre-emption, or shall be deemed to extend,
.....-'
for more than three years from the cessation of the disability or the death of
G the person affected thereby, the period oflimitation for any suit or application.
In Article 97 of the Schedule appended to the Limitation Act under the ...
heading suits relating to miscellaneous matters there is reference to enforcement
of rights of pre-emption. Thus, there is reference to suits in Section 8 and
Article 97 of the Limitation Act, but there is no reference to an application
H for enforcement of right of pre-emption. Having regard to the fact that the
GOPAL SARDAR v. KARUNA SARDAR (PATIL, .I.] 837

Act is a self-contained Code in relation to the enforcement of rights of pre- A
emption and looking to the provisions of the Limitation Act, as stated above,
it appears to us that when one applies for enforcement of rights of pre-
emption under Section 8 of the Act, the proceedings initiated are in the
nature of a suit. The words "application" and "suit" have been defined in
Section 2(b) and 2(1) of the Limitation Act. "Application" includes a petition B
but "suit" does not include an appeal or an application. The Division Bench
of the Calcutta in Serish Maji (supra), after elaborate consideration, referring
to various decisions and on analysis of different provisions, in paras 25 to 50
of the judgment has concluded that a proceeding initiated by an application
of Section 8 is to be construed as a "suit" for the purpose of the Limitation
Act. We have good reason t'o approve the said view. This being the position, C
Section 5 of the Limitation Act is not attracted to the proceedings initiated
under Section 8 of the Act. The right conferred under Section 8 is a statutory
right. Even otherwise, in our view, the position as regards to applicability of
Section 5 of the Limitation Act to an application under Section 8 of the Act
does not get altered. As already stated above, the Act is a self-contained
Code inasmuch as the Act provides to enforce the rights of pre-emption, D
forum is provided, procedure is prescribed, remedies including the appe<'\ls
and revisions are provided, penalties are indicated for non-compliance of the
orders and powers are given for restoration of land. Further period of limitation
is also specifically prescribed to make an application under Section 8 of the
Act and for preferring appeals or revisions under the provisions of the Act. E
All these and few other provisions are clear enough to indicate that the Act
is a complete Code in itself dealing with tfle rights of pre-emption. Second
proviso to Section l4H specifically provides for the application of Section 5
of the Limitation Act in the matter of preferring an appeal or revision. Section
14-0(1) specifically enables the appellate authority to allow to prefer an
appeal even after the expiry of the period of limitation prescribed on showing F
sufficient cause. Similarly second proviso to Section 19(2) of the Act expressly
provides for application of Section 5 of the Limitation Act to an appeal to be
preferred under the said Section. Section 5 lA of the Act deals with preparation
and revision of record-of-rights. Rule 26 of the Rules framed under the Act
provides that every appeal under Section 5 lA of the Act is to be filed within G
one month from the date of passing of the order appealed against. The proviso
to the said Rule states that an appeal may be admitted after the said period
if the appellant satisfies that he had sufficient reasons for not preferring the
appeal within the said period. Thus either Section 5 of the Limitation Act or
its principles have been expressly and specifically incorporated in the various
Sections afore-mentioned. In contrast although Section 8 of the Act prescribes H
838 SUPREME COURT REPORTS [2004] 2 S.C.R.

A period of limitation for applying to enforce pre-emption rights, it does ,not
speak of application of Section 5 of the Limitation Act or its principles.Jf in
the same Act, consciously and expressly, the Legislature has made provision
for application of Section 5 of the Limitation Act or its principles expressly
and specifically to other proceedings such as appeal or revision etc. and such
a provision is not made for initiation of the proceedings under Section 8 of
B the Act, it necessarily follows that the Legislature did not inteqd to give
benefit of Section 5 to the Limitation Act having regard to the nature of
rights of pre-emption which is considered a weak right. In a rec,ent decision
of this Court in Mattoo Devi (Smt.) v. Damodar Lal (deceased) by Lrs. and
Ors., [2001] 6 SCC 330 in para 8 it is stated thus:- -~

c "8. On the basis of the aforesaid, Subba Rao, J. with his usual felicity
of expression observed that the general law of pre-emption does not
recognise any right to claim a share in the property sold when there
are rival claimants and pre-emption is a right to acquire the whole of
the property sold in preference to other persons. The learned Judge
D further relied upon the decision in the case of Gobind Dayal v.
lnayatullah, ILR (1885) 7 .All 775 : (1885) 5 AWN 228 (FB) as also
the decision of the Lahore High Court in the case of Moo/ Chand v.
Ganga Jal (ILR (1930) 11 Lah 258 (FB) : AIR 1930 Lah 356) and
summarised the law pertaining to the right of pre-emption in the
manner as below :
E
"(1) The right of pre-emption is not a right to the thing sold but
a right to the offer of a thing about to be sold. This right is called
the primary or inherent right. (2) The pre-emptor has a secondary
right or a remedial right to follow the thing sold. (3) It is a right
of substitution but not of repurchase i.e. the pre-emptor takes the
F entire bargain and steps into the shoes of the original vendee. (4)
It is a right to acquire the whole of the property sold and not a
share of the property sold. (5) Prefereqce being the essence of the
right, the plaintiff must have a superior right to that of the vendee
or the person substituted in his place. (6) The right being a very
G weak right, it can be defeate.d by all legitimate methods, such as
the vendee allowing the claimant of a superior or equal right
being substituted in his place."

There is yet another good reason for insisting that right of pre-emption
must be exercised within the period specified under Section 8 of the Act so
H that the rights of purchasers of a land cannot be eclipsed for a long time.
GOPAL SARDAR v. KARUNA SARDAR [PATIL, J.] 839

-- Right of pre-emption was sought to be exercised after six years and four A
years from the dates of transfer respectively as against the period of four
months prescribed under Section 8 of the Act without any scope for extension
of that period. Sub-Section (3) was added to Section 8 of the Act by the West
Bengal Land Reforms (Amendment) Act, 1972 w.e.f. 15.2.1971. Prior to
15.2.1971, an application under Section 8 was required to be made to the
"Revenue Officer specifically empowered by the State Government in this B
behalf'. This phrase was substituted by the phrase "Munsif having territorial
jurisdiction" by the aforementioned amendment. Even after this amendment
when an application is required to be made before the Munsif Court, no

-- amendment was made to Section 8 of the Act either to apply Section 5 of the
Limitation Act or its principles so as to enable a party to make an application
after the expiry of the period of limitation prescribed on showing sufficient
cause for not making an application within time. The Act is of 1955 and for
c
all1hese years, no provision is made under Section 8 of the Act providing for
condonation of delay. Thus, when Section 5 of the Limitation Act is not
made applicable to the proceedings under Section 8 of the Act unlike to the
other proceedings under the Act, as already stated above, it is appropriate to D
construe that the period of limitation prescribed under Section 8 of the Act
specifically and expressly governs an application to be made under the said
Section and not the period prescribed under Article 137 of the Limitation
Act.

An important departure is made in Section 29, sub-Section (2) of
E
Limitation Act of 1963. Under the Indian Limitation Act, 1908 Section 29(2)(b)
provided that for the purpose of determining any period of limitatiOn prescribed
for any suit, appeal or application by any special or local law the application
of Section 5 of the Limitation Act was specifically and in clear terms excluded,
but under Section 29(2) of the present Limitation Act Section 5 shall apply F
in case of special or local law to the extent to which they are not expressly
excluded by such special or local law. In other words, application of Section
5 of the Limitation Act stands excluded only when it is expressly excluded
by the special or local law. The emphasis of the argument by the learned
counsel, who argued for the proposition that Section 5 of the Limitation Act
is applicable to an application made for enforcement of rights of pre-emption G
under Section 8 of the Act was on the ground that the Act has not expressly
excluded the application of Section 5 of the Limitation Act.
~-
In Hukumdev Narain Yadav v. La/it Narain Mishra, [1974] 2 SCC 133,
a bench of three learned Judges of this Court, dealing with election petition
H
840 SUPREME COURT REPORTS (2004] 2 S.C.R.

A under the Representation of People Act on the point of limitation for filing
an election petition, after examining the provisions of the Representation of
the People Act and Section 29(2) of the Limitation Act, has held thus:-

"17 ...... Even assuming that where a period of limitation has not been
fixed for election petitions in the Schedule to the Limitation Act
B which is different from that fixed under Section 81 of the Act, Section
29(2) would be attracted, and what we have to determine is whether
the provisions of this Section are expressly excluded in the case of an
election petition. It is contended before us that the words "expressly
excluded" would mean that there must be an express reference made
in the special or local law to the specific provisions of the Limitation
c Act of which the operation is to be excluded. As usual the meaning
given in the Dictionary has been relied upon, but what we have to see
is whether the scheme of the special law, that is in this case the Act,
and the nature of the remedy provided therein are such that the
Legislature intended it to be a complete code by itself which alone
D should govern the several matters provided by it. If on an examination
of the relevant provisions, it is clear that the provisions of the
Limitation Act are necessarily excluded, then the benefits conferred
therein cannot be called in aid to supplement the provisions of the
Act. In our view, even in a case where the special law does not
exclude the provisions of Sections 4 to 24 of the Limitation Act by
E an express reference, it would nonetheless be open to the court to
examine whether and to what extent the nature of those provisions or ........
the nature of the subject-matter and scheme of the special law exclude
their operation. The provisions of Section 3 of the Limitation Act that
a suit instituted, appeal preferred and application made after the
F prescribed period shall be dismissed are provided for in Section 86
of the Act which gives a peremtory command that the High Court
shall dismiss an election petition which does not comply with the
provisions of Sections 81, 82 or 117."
(emphasis supplied)

G This Court in Anwari Basavaraj Patil and Ors. v. Siddaramaiah and
Ors., [1993] 1 SCC 636, again dealing with the election petition under
Representation of People Act, after considering the relevant provisions of the
Representation of People Act and Section 29(2) of the Limitation Act, took
a view that the controversy was practically concluded on the question of
H applicability of S~ction 5 of the Limitation Act by the decision of this Court
GOPAL SARDAR v. KARUNA SARDAR [PATIL, J.] 841

in the case of Hukumdev Narain Yadav (supra). Para 8 of the said judgment A
reads thus:-

"8. In H.N. Yadav v. L.N. Mishra, this Court held that the words
"expressly excluded" occurring in Section 29(2) of the Limitation
Act do not mean that there must necessarily be express reference in
the special or local law to the specific provisions of the Limitation B
Act, the operation of which is sought to be excluded. It was held that
if on an examination of the relevant provisions of the Special Act, it
is clear that the provisions of the Limitation Act are necessarily
excluded, then the benefits conferred by the Limitation Act cannot be
called in aid to supplement the provisions of the Special Act. That C
too was a case arising_ under the Representation of People Act and the
question was whether Section 5 of the Limitation Act is applicable to
the filing of the election pe;tition. The test to determine whether the
provisions of the Limitation Act applied to proceedings under
Representation of People Act by virtue of Section 29(2) was stated in
the following words: (SCC p.147 para 18) D
"The applicability of these provisions has, therefore, to be judged
not from the terms of the Limitation Act but by the provisions of
the Act relating to the filing of election petitions and their trial to
ascertain whether it is a complete code in itself which does not
admit of the application of any of the provisions of the Limitation E
Act mentioned in Section 29(2) of that Act."

(emphasis supplied)

A Bench of three learned Judges of this Court in The Commissioner of
Sales Tax, Uttar Pradesh, Lucknow v. Mis. Parson Tools and Plants, Kanpur, p
AIR (1975) SC 1039, dealing with the question of limitation in relation to
revision filed beyond time prescribed by Section IO of U.P. Sales Tax Act,
1948, in para 17, has observed thus: -

"17. Thus the principle that emerges is that if the legislature in a
special statute prescribes a certain period of limitation for filing a G
particular application thereunder and provides in clear terms that ~uch
period on sufficient cause being shown, may be extended, in the
maximum, only upto a specified time-limit and no further, then the
tribunal concerned has no jurisdiction to treat within limitation, an
application filed before it beyond such maximum time-limit specified H
842 SUPREME COURT REPORTS [2004] 2 S.C.R.

A in the statute, by excluding the time spent in prosecuting in good
faith and due diligence any prior proceeding on the analogy of Section
14(2) of the Limitation Act."

In the same judgment it is expressed that "where the legislature clearly declares
its intent in the scheme and language of a statute, it is the duty of the court
B to give full effect to the same without scanning its wisdom or policy, and
without engrafting, adding or implying anything which is not congenial to or
consistent with such expressed intent of the law-giver". The conclusion reached
by the Division Bench of the High Court in Serish Maji case (supra) that
Section 5 of the Limitation Act is not applicable to proceedings under Section
C 8 of the Act is correct and acceptable.

Section 8 of the Act prescribes definite period of limitation of three
months or four months, as the case may be, for initiating proceedings for
enforcement of right of pre-emption by different categories of people with no
provision made for extension or application of Section 5 of the Limitation
D Act. When in the same statute in respect of various other provisions relating
to filing of appeals and revisions, specific provisions are made so as to give
benefit of Section 5 of the Limitation Act and such provision is not made to
an application to be made under Section 8 of the Act, it obviously and
necessarily follows that the legislature consciously excluded the application
of Section 5 of the Limitation Act. Considering the scheme of the Act being
E self-contained code in dealing with the matters arising under Section 8 of the
Act and in the light of the aforementioned decisions of this Court in the case
of Hukumdev Narain Yadav, Anwari Basavaraj Patil and Mis. Parson Tools
(supra), it should be construed that there has been exclusion of application of
Section 5 of the Limitation Act to an application under Section 8 of the Act.
F In view of what is stated above, the non-applicability of Section 5 of the
Limitation Act to the proceedings under Section 8 of the Act is certain and
sufficiently clear. Section 29(2) of the Limitation Act as to the express
exclusion of Section 5 of the Limitation Act and the specific period of
limitation prescribed under Section 8 of the Act without providing for either
extension of time or application of Section 5 of the Limitation Act or its
G principles can be read together harmoniously. Such reading does not lead to
any absurdity or unworkability or frustrating the· object of the Act. At any
rate in the light of the Three-Judge Bench decision of this Court in Hukumdev
Narain Yadav case (supra) and subsequently followed in Anwari Basavaraj
,.~
Patil case (supra), even though special or local law does not state in so many
H words expressly that Section 5 of the Limitation Act is not applicable to the
GOPAL SARDAR v. KARUNA SARDAR [PATIL, J.] 843

proceedings under those Acts, from the scheme of the Act and having regard A
to various provisions such express exclusion could be gathered. Thus, a
conscious and intentional omission by the Legislature to apply Section 5 of
the Limitation Act to the proceedings under Section 8 of the Act, looking to
the scheme of the Act, nature of right of pre'-emption and express application
of Section 5 of the Limitati.on Act to the other provisions under the Act, itself
means and amounts to "express exclusion" of it satisfying the requirement of B
Section 29(2} of the Limitation Act.

The decision in Mangu Ram v. Municipal Corpor-ation of Delhi, (1976]
l sec 392 is cited in support of the submission that in the absence of express
exclusion of application of Section 5 of the Limitation Act in the special law, C
~--
benefit of Section 5 of Limitation Act could be availed. In that case, special
leave petitions were filed in this Court against the condonation of delay to the
application for the grant of special leave under Section 417 of Cr.P.C. against
acquittal of the petitioners by the trial court in spite of the mandatory period
of limitation provided in sub-Section (4) of Section 417. The question that
arose in that case was whether the decision of this Court in Kaus ha/ya Rani D
v. Gopal Singh, (1964] 4 SCR 982, in which it was held that Section 417
Cr.P.C. excluded application of Section 5 of the Limitation Act on a
construction of Section 29(2)(b) of the old Limitation Act of 1908 could be
applied under the corresponding provisions of the Limitation Act, 1963. The
decision of that case turned upon the facts of that case in criminal appeals by E
comparison of the provision of the old Limitation Act to the provision of the
new Limitation Act. The Division Bench of the Calcutta High Court in Serish
Maji (supra), referring to the observation made in Mangu Ram (supra) that
"mere provision of a period of limitation in howsoever pre-emptory or
imperative language is not sufficient to displace the applicability of Section
5", in para 11 of the judgment, has stated thus:- F
"11. The observation does not help the applicant. It assumes that an
imperative provision coupled with other factors might be sufficient to
exclude the applicability of the Limitation Act. Ultimately it would
be a question of interpretation of the special or local law in question."
G
Further the decision in Hukumdev Narain Yadav (supra) was not brought to
the notice of this Court when Mangu Ram case (supra) was decided. In the
light of the three-Judge Bench decision of this Court in Hukumdev Narain
Yadav we do not find any good reason to take a different view.

The case of Mukri Gopalan v. Cheppilat Puthanpurayil Aboobacker H
844 SUPREME COURT REPORTS [2004] 2 S.C.R.

A [1995] 5 sec 5 cited in support of the submission that Section 5 of the
Limitation Act can be applied to a proceeding under Section 8 of the Act also
does not support the submission for the reasons more than one. The short
question that arose for consideration in that decision was "whether the appellate
authority constituted under Section 18 of the Kerala Buildings (Lease and
Rent Control) Act, 1965 has power to condone the delay in the filing of
B appeal before it under the said Section". On the facts of that case, it is clear
that the question that has arisen for consideration in these appeals did not
directly arise. In that case, the view taken by Kerala High Court was that the
appellate authority has no power to condone the delay ·being a persona
designata. On examination of the provisions of the Kerala Act, this Court
C held that appellate authority was not a persona designata but it was functioning
as a court. Further, this Court taking note of Section 29(2) as it stood in the
Limitation Act, 1908 and Section 29(2) of the Limitation Act, 1963, expressed
the view that by virtue of Section 29(2) of the Limitation Act, 1963, the
provisions of Section 5 of the Limitation Act were automatically applicable.
A Division Bench of the Calcutta High Court in Serish Maji (supra) has
D rightly distinguished the said case in para 12 thus:-

"12. Thus in Mukri Gopalan v. C.P. Aboobacker, AIR (1995) SC
2272 the Supreme Court considered the legislative history of Section
18 of the Kerala Building (Leasing and Rent Control) Act, 1965 to
construe whether the appellate authority constituted thereunder has
E the power to condone the delay in filing of the appeal before it under
that Section. The Supreme Court noted that the Rent Act of 1965 was
preceded by the Rent Act of 1959. The 1959 Act contained a provision
expressly stating that the provisions of Section 5 of the Indian
Limitation Act, 1908 would apply to all proceedings under the Act.
F According to the Supreme Court, this was necessary because Section
29(2) of the Indian Limitation Act, 1908 did not include Section 5 as
one of the provisions to be applied to special or local laws. In the
Limitation act, 1963, Section 5 has been included in Section 29(2) as
one of the provisions which would apply to special and local laws.
Therefore, when the Rent Act of 1965 was enacted it was not necessary
G to include an express provision incorporating the provisions of Section
5 of the Limitation Act, because by virtue of Section 29(2) the
provisions of Section 5 would get automatically attracted."

Incidentally it may also be mentioned that this decision also was rendered
H by two learned Judges of this Court. Thus, in our view, this case of Mukri
GOPAL SARDAR v. KARUNA SARDAR [PATIL, J.] 845

Gopalan (supra) does not help to say that Section 5 of the Limitation Act is A
applicable to proceedings under Section 8 of the Act.

Having regard to all aspects we answer the question set out above in
the negative.

Once it is held that the benefit of Section 5 of the Limitation Act is not B
available to the proceedings under Section 8 of the Ac. and the applications
filed under Section 8 of the Act are to be dismissed on that ground, it is
unnecessary to go into the merits of these appeals on other issues.

We conclude that Section 5 of the Limitation Act cannot be pressed
into service in aid of a belated application made under Section 8 of the Act C
seeking condonation of delay. The right of pre-emption conferred under
Section 8 is a statutory right besides being weak, it has to be exercised
strictly in terms of the said Section and consideration of equity has no place.
On the facts found in these appeals, applications under Section 8 were not
made within four months from the date of transfer but they were made four D
years and six years after the date of transfer respectively which were hopelessly
barred by time. Benefit of Section 5 of the Limitation Act not being available
to the applications made under Section 8, Section 3 of the Limitation Act
essentially entails their dismissal.

Thus, in the light of what is stated above, the impugned order in civil E
appeal No. 4688 of I 998 is set aside, the appeal is allowed and the application
made by the respondent under Section 8 of the Act is dismissed with no order
as to costs.

Civil Appeal No. 444 of 2000 stands dismissed. No costs.
F
v.s.s. C.A. No. 4688/98 allowed.
C.A. No. 444/2000 dismissed.