KRISHNA DASS AGARWAL vs KANHAIYALAL

The Supreme Court upheld the dismissal of the appellant's claim for pre-emption under the Gwalior Pre-emption Act, citing that the Act was repealed before the appeal was decided, rendering the right of pre-emption unenforceable. The Court emphasized that the alleged agreement for pre-emption was invalid due to the rule of perpetuity and that the respondent was a bona fide purchaser without notice of the agreement. The Court affirmed the High Court's reliance on Section 23 of the Gwalior Pre-emption Act and Section 10 of the Madhya Pradesh General Clauses Act, concluding that the plaintiff's claims were not sustainable.