BHAGWAN DAS (DEAD) BY LRS. & ORS. vs CHET RAM

The Supreme Court held that under Section 15(1)(a) of the Punjab Pre-emption Act, 1913, a tenant must maintain their qualification to preempt until the decree for possession is made. The court ruled that a tenant who has been dispossessed and whose tenancy has been terminated cannot claim the right of pre-emption, as this right is statutory and attaches to the land rather than being a mere personal right. The appeal was allowed, and the previous judgments in Kashmiri Lal v. Chuhar Ram and Sohan Singh v. Udho Ram were overruled.