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november 1995

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.

KARAM DEVI vs RAM PARKASH · Niyam