Supreme Court of India · 1988-02-08
KANTA RANI C KANTI DEVI & ANR. vs RAMA RANI
- Citation / case number
- SC 1988/70786
- Court
- Supreme Court of India
- Petitioner
- KANTA RANI C KANTI DEVI & ANR.
- Respondent
- RAMA RANI
- Author
- E.S. VENKATARAMIAH
- Bench
- E.S. VENKATARAMIAH
Judgment text excerpt
The Supreme Court held that the right of pre-emption, although not conferring an interest in immovable property, is heritable when it arises from a right of tenancy. The Court overruled the previous decision in Chandrup Singh v. Data Ram, which stated that the right of pre-emption under the Punjab Pre-emption Act, 1913, was not heritable. The Court concluded that the legal representatives of the deceased tenant were entitled to be substituted in the suit under Order 22, Rule 3 of the Civil Procedure Code, allowing the suit to proceed on its merits.