BHAGWATI PRASAD SAH AND OTHERS vs BHAGWATI PRASAD SAH AND ANOTHER

The Supreme Court ruled that the law of pre-emption does not infringe the fundamental right under Article 19(1)(f) of the Constitution. It established that a right of pre-emption is only applicable to full ownership of property among co-sharers and does not extend to leasehold interests. Consequently, the court held that since the property in question was on leasehold land, the right of pre-emption could not be enforced, leading to the dismissal of the appeal.