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october 1991

Supreme Court of India · 1991-10-31

BHIKHA RAM vs RAM SARUP .

Citation / case number
SC 1991/76341
Court
Supreme Court of India
Petitioner
BHIKHA RAM
Respondent
RAM SARUP .
Author
A.M. AHMADI
Bench
A.M. AHMADI

Judgment text excerpt

The Supreme Court held that the appellant, as a co-sharer, is entitled to exercise the right of pre-emption under clause 'Fourthly' of Section 15(1)(b) of the Punjab Pre-emption Act, 1913. The Court clarified that the expression 'other co-sharers' in the statute serves as a residuary clause to ensure that no co-sharer is excluded from the right of pre-emption. The previous interpretation in Jagdish & Ors. v. Nathi Mal Kejriwal & Ors. was reconsidered, and the appeal was allowed, affirming the appellant's right to pre-emption based on the legislative intent of the Act.

BHIKHA RAM vs RAM SARUP . · Niyam