Supreme Court of India · 1990-12-04
BHOOP ALLEGED SON OF SHEO vs MATADIN BHARDWAJ SON OF LAKMI CHAND
- Citation / case number
- SC 1986/69941
- Court
- Supreme Court of India
- Petitioner
- BHOOP ALLEGED SON OF SHEO
- Respondent
- MATADIN BHARDWAJ SON OF LAKMI CHAND
- Author
- A.M. AHMADI
- Bench
- A.M. AHMADI
Judgment text excerpt
The Supreme Court held that the right of pre-emption is personal and cannot be transferred to a third party, as it would defeat its purpose. The Court found that the High Court correctly determined that Shanti Devi's delay in depositing the sale price was due to administrative difficulties, thus allowing her to assign her rights to Matadin. The execution of the pre-emption decree was upheld, affirming that Matadin was entitled to execute the decree as he was substituted as the decree-holder.