Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Pre-Emption |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Rajasthan Pre-emption Act, 1965 (1 of 1966) |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Rajasthan Pre-emption Act 1966: ss. 6, 5 – Right of pre- emption – When accrues – Held: Right of pre-emption is a preferential right to acquire the property by substituting the original vendee – Transfer or sale of an immovable property is a condition precedent to the enforceability of the right – Right of pre-emption is attached to the property and only on that footing it can be enforced against the vendee – Though the right is recognised by law, yet it can be rendered imperfect by the vendor when he transfers the property to another person who also has a superior right to pre-emptor – On facts, plaintiff and second defendant were brothers in joint possession of courtyard having half share each and second defendant sold house alongwith courtyard to first defendant – As regards plaintiff ’s claim for right of pre-emption, plaintiff had a superior right of pre-emption by virtue of s. 6(3) since he was the brother of the second defendant and first defendant has an inferior right of pre-emption as compared to plaintiff, hence his claim cannot prevail over the superior right of pre-emption of plaintiff – Courts below rightly proceeded on a correct interpretation of the provisions. |
Judge | Hon'ble Dr. Justice D.Y. Chandrachud |
Neutral Citation | 2020 INSC 212 |
Petitioner | Suresh Chand And Anr. |
Respondent | Suresh Chander (d) Thr Lrs. And Ors. |
SCR | [2020] 3 S.C.R. 891 |
Judgement Date | 2020-02-19 |
Case Number | 482 |
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