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january 1968

Supreme Court of India · 1968-01-25

HAZARI & ORS. vs NEKI & ORS.

Citation / case number
SC 1966/60081
Court
Supreme Court of India
Petitioner
HAZARI & ORS.
Respondent
NEKI & ORS.
Bench
RAMASWAMI

Judgment text excerpt

The Supreme Court held that the statutory right of pre-emption under Section 15(1)(a) of the Punjab Pre-emption Act, 1913, is a personal right that attaches to the land and can be enforced by legal representatives upon the pre-emptor's death. The Court clarified that this right is heritable, as supported by Section 306 of the Indian Succession Act, and thus the legal representatives of the deceased pre-emptor were entitled to continue the suit. The Court dismissed the appeals, affirming that the Amending Act did not extinguish the right to sue for pre-emption that existed at the time of the suit.

HAZARI & ORS. vs NEKI & ORS. · Niyam