BISHAN SINGH & OTHERS vs KHAZAN SINGH & ANOTHER

The Supreme Court held that under Section 17 of the Punjab Pre-emption Act, the respondents, as second pre-emptors of equal degree, could not succeed in their suit against the appellants who had already obtained a decree for pre-emption by depositing the purchase amount. The court established that a pre-emptor's right is twofold: a primary right to the offer of sale and a secondary right to substitute in place of the vendee. The doctrine of lis pendens does not affect a pre-existing right, and since the appellants' right was subsisting and not barred by limitation, they were not subject to this doctrine. Thus, the respondents' claim was dismissed as they did not have a superior right of pre-emption over the appellants.