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december 1990

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.

BHOOP ALLEGED SON OF SHEO vs MATADIN BHARDWAJ SON OF LAKMI CHAND · Niyam