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october 1986

Supreme Court of India · 1986-10-24

JAGDISH & ORS. vs NATHI MAL KEJRIWAL & ORS.

Citation / case number
SC 1986/69745
Court
Supreme Court of India
Petitioner
JAGDISH & ORS.
Respondent
NATHI MAL KEJRIWAL & ORS.
Author
E.S. VENKATARAMIAH
Bench
E.S. VENKATARAMIAH

Judgment text excerpt

The Supreme Court held that the expression 'other co-sharers' in clause 'Fourthly' of Section 15(1)(b) of the Punjab Pre-emption Act, 1913, refers only to co-sharers not falling under clauses 'First', 'Second', or 'Thirdly'. The petitioners, being non-alienating co-sharers, failed to qualify under these clauses and thus could not claim the right of pre-emption. The Court dismissed the special leave petition, affirming the High Court's decision to dismiss the suit for pre-emption.

JAGDISH & ORS. vs NATHI MAL KEJRIWAL & ORS. · Niyam