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.