Supreme Court of India · 1995-11-10
KARAM DEVI vs RAM PARKASH
- Citation / case number
- SC 1992/84432
- Court
- Supreme Court of India
- Petitioner
- KARAM DEVI
- Respondent
- RAM PARKASH
- Author
- VENKATASWAMI
- Bench
- VENKATASWAMI K.
Judgment text excerpt
The Supreme Court addressed the issue of pre-emption rights under Section 15(b) of the Punjab Pre-emption Act, 1913, specifically whether a partition during the pendency of an appeal affects a co-sharer's right to pre-emption. The Court held that the pre-emptor must maintain their qualification at all stages: at the time of sale, institution of suit, and decree. The High Court's dismissal of the appeal was upheld, as the partition changed the co-sharer status of the plaintiff, negating their claim to pre-emption.