Supreme Court of India · 1995-01-10
KARNAIL SINGH vs ANIL KUMAR AND ANOTHER
- Citation / case number
- SC 1986/69832
- Court
- Supreme Court of India
- Petitioner
- KARNAIL SINGH
- Respondent
- ANIL KUMAR AND ANOTHER
- Author
- K. RAMASWAMY
- Bench
- K. RAMASWAMY
Judgment text excerpt
The Supreme Court addressed the validity of pre-emption rights under Section 15(1)(b) of the Punjab Pre-emption Act, 1913, in light of the Atam Prakash case, which declared certain clauses ultra vires Articles 14 and 15 of the Constitution. The Court held that the term 'other co-sharers' in the fourth clause of Section 15(1)(b) includes relatives specified in the earlier clauses, thus preserving their right to pre-emption. The judgment confirmed that the right of pre-emption is not limited to co-sharers but extends to kinsfolk, ensuring no relative is excluded from exercising this right.