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january 1996

Supreme Court of India · 1996-01-24

KARAN SINGH vs BHAGWAN SINGH (DEAD) THROUGH LRS..

Citation / case number
SC 1986/69039
Court
Supreme Court of India
Petitioner
KARAN SINGH
Respondent
BHAGWAN SINGH (DEAD) THROUGH LRS..
Author
K. RAMASWAMY
Bench
K. RAMASWAMY

Judgment text excerpt

The Supreme Court held that Bhagwan Singh, having sold land from undivided joint family properties to strangers, cannot exercise the right of pre-emption under Section 15 of the Punjab Pre-emption Act, 1913. The Court emphasized that a co-owner who has inducted strangers into the property cannot later claim pre-emption against subsequent purchasers. The amendment to Section 15 by the Haryana State legislature does not affect the validity of the decree passed before its enactment. The appeal was allowed, overturning the lower court's decree for pre-emption.

KARAN SINGH vs BHAGWAN SINGH (DEAD) THROUGH LRS.. · Niyam