Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Rajasthan Pre-Emption Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Rajasthan Pre-Emption Act, 1966 – ss.3, 6, 8 , 9 and 21 – Exercise of right of Pre-emption – Limitation for – Plaintiff’s suit for pre-emption over a transaction effected on 21.01.1974 – Three sale transactions involving the subject property had earlier taken place in 1945, 1946 and 1966 – Right in property was predicated on account of having a common portion therein – Trial Court eventually held the suit to be barred by limitation in absence of challenge to sale deed of 1966 – Upheld by first appellate court – High Court inter alia held the suit to be filed within time – On appeal, held: Right of pre-emption is a weak right – It is only exercisable for the first time when the cause of such a right arises, in a situation where the plaintiff-pre-emptor chooses to waive such right after the 1966 Act becoming operational – s.9 operates as a bar on his exercising such right on a subsequent transaction relating to the same immovable property – Impugned order set aside – Order of trial court dtd. 01.02.1988 and the first appellate court dated 30.03.1989 upheld – As the original plaintiff has not challenged the sale effected on 05.11.1966, the suit is thus barred by limitation – Limitation Act, 1963 – Article 97 – Pre-emption |
Judge | Hon'ble Mr. Justice Sanjay Kishan Kaul |
Neutral Citation | 2020 INSC 590 |
Petitioner | Raghunath (d) By Lrs. |
Respondent | Radha Mohan (d) Thr. Lrs & Ors. |
SCR | [2020] 14 S.C.R. 462 |
Judgement Date | 2020-10-13 |
Case Number | 1442 |
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