Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1936 J & K Rights of Prior Purchase Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | J & K Rights of Prior Purchase Act, 1936: Section 15 (as amended in 1973)-Pre-emption-Right of-Contiguous-cum-vicinage-Provision relating to-Deleted by amendment in 1973-Effect of-Property consisted of four rooms and land appurtenant thereto sold by owner to one ID - ID was accepted as landlord by tenant in one of the rooms - ID sold to one VP in 1977 the portion under tenancy-Plaintiff challenged the sale by way of a preemption suit on the ground that the property purchased by VP was contiguous to land belonging to him-During pendency of the suit VP sold the property to SK who, in turn, sold the same to the said tenant-Trial court decreed the suit in 1984-Defendant purchased the property from the said tenant in 1998-Plaintiff filed petition for execution of decree in 2000-Defendant pleaded that he had no knowledge about pending of preemption proceedings or the order passed thereon-Defendant also filed a separate suit for declaration and perpetual injunction-Suit still pending-Held: Plaintiff sought preemption on a non-existent provision of law-Therefore, the decree sought to be executed is a nullity--Hence, the defendant who is in possession of the property pending disposal of the suit filed by him cannot be dispossessed-Code of Civil Procedure, 1908, 21 R. 58 and O. 39 Rr. 1 and 2. |
Judge | Hon'ble Dr. Justice A.R. Lakshmanan |
Neutral Citation | 2004 INSC 314 |
Petitioner | J.c. Sehgal |
Respondent | Devi Dass And Ors. |
SCR | [2004] Supp. (1) S.C.R. 723 |
Judgement Date | 2004-04-27 |
Case Number | 2713-2714 |
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