Supreme Court of India · 1967-03-23
PREM DULARI vs RAJ KUMARI
- Citation / case number
- SC 1966/60186
- Court
- Supreme Court of India
- Petitioner
- PREM DULARI
- Respondent
- RAJ KUMARI
- Author
- RAO, K. SUBBA (),HIDAYATULLAH, M.,BACHAWAT, R.S.,SHELATM.,VAIDYIALINGAM, C.A.
- Bench
- RAO, K. SUBBA (CJ),HIDAYATULLAH, M.,BACHAWAT, R.S.,SHELAT, J.M.,VAIDYIALINGAM, C.A.
Judgment text excerpt
The Supreme Court upheld the decree of the lower courts, affirming that Section 15 (fourthly) of the Right of Prior Purchase Act, 1993 grants a right of prior purchase to owners of properties with a common outer entrance, regardless of joint ownership of that entrance. The Court found that the right of pre-emption is a reasonable restriction on property rights under Article 19(1)(f) of the Constitution. The appeal was dismissed, confirming the right of the first respondent to purchase the property in question.