A. RAZZAQUE SAJANSAHEB BAGWAN vs IBRAHIM HAJI MOHAMMED

The Supreme Court held that the right of pre-emption based on 'shafi-i-jar' is unconstitutional, referencing the cases of Bhau Ram v. B. Baijnath Singh and Sant Ram v. Labh Singh, which established that the law of pre-emption based on vicinage is void. The Court found that the High Court failed to consider these precedents, leading to the erroneous upholding of the trial court's decree. Consequently, the Supreme Court allowed the appeal, set aside the High Court's judgment, and dismissed the respondent's suit.