Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1957 1876-Sections 7(b) & 8-U.P. Urban Areas 7.amindari Abolition and Land Reforms Act Oudh Lands Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Oudh Lands Act, 1876-Sections 7(b) & 8-U.P. Urban Areas Zamindari Abolition and Land Reforms Act, 1957-Right of pre-emption-Property brought within the municipal limits of a town-Transfer of the property through sale-Claim of the right being a co-sharer of the property- Availability of-Held, the customary right of pre-emption existed for a long time and is available in view of recognition by the courts-On facts the right existed with the co-sharer on the date of the transfer of the property-Right not ceased to exist after the latter enactment.One S transferred the suit property to his wife in lieu of dower debt. The property is situated in a village. A part of the village was included within municipal limits of a town. She sold the property in 1951 to one M, who is the predecessor of respondent. Appellant filed a suit before trial court claiming a right of pre-emption on the property being a co-sharer under the provisions of the Oudhs Land Act, 1876. The trial court decreed the suit holding that the right of pre-emption existed with the appellant even after the property is included within the municipal limits. Appellate Court dismissed the appeal of the respondent on the basis of a finding of Commissioner that the property was within the municipal limits on the date of the transfer of the property. High Court allowed the second appeal of the respondent holding that the custom relating to pre-emption was not available in that town under the Act and that the appellant could not prove the right on the date of transfer. Hence the appeal.The respondent contended that the appellant failed to produce evidence to show that the customary right of pre-emption existed on the date of transfer of the property; that the appellant is not a co-sharer of the property and that after the enactment of the U.P. Urban Areas Zamindari Abolition and Land Reforms Act, 1957, the right of pre-emption ceased to exist. |
Judge | Hon'ble Mr. Justice S.N. Phukan |
Neutral Citation | 2002 INSC 64 |
Petitioner | Fazle Rab |
Respondent | Mohd. Yakeen |
SCR | [2002] 1 S.C.R. 833 |
Judgement Date | 2002-02-05 |
Case Number | 661 |
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