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january 1995

Supreme Court of India · 1995-01-10

KARNAIL SINGH vs ANIL KUMAR & ANR.

Citation / case number
SC 1986/69830
Court
Supreme Court of India
Petitioner
KARNAIL SINGH
Respondent
ANIL KUMAR & ANR.
Author
K. RAMASWAMY
Bench
K. RAMASWAMY

Judgment text excerpt

The Supreme Court held that under Section 15(1)(b) of the Punjab Pre-emption Act, 1913, the right of pre-emption extends to 'other co-sharers', including relatives of the vendor, even if they are not explicitly mentioned in the earlier clauses. The Court clarified that the classification based on consanguinity is unconstitutional under Articles 14 and 15 of the Constitution. Consequently, the appeal was allowed, affirming the right of Anil Kumar to pre-empt the sale made by his sister Neeru, as he qualifies as a co-sharer under the amended provision.

KARNAIL SINGH vs ANIL KUMAR & ANR. · Niyam