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february 1988

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.

KANTA RANI C KANTI DEVI & ANR. vs RAMA RANI · Niyam