SMT. VIJAYALAKSHMI vs B. HIMANTHARAJA CHETTY & ANR.

The Supreme Court addressed the issue of pre-emption rights under a Partition Deed, specifically Clause 12, which restricts the sale of property to strangers without offering it to co-owners first. The Court held that the appellant, as a legatee under a Will, was not considered a stranger and thus the respondent's claim for pre-emption was unenforceable. The judgment of the Karnataka High Court affirming the trial court's decision was set aside, allowing the appellant to retain the properties in question.