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july 2001

Supreme Court of India · 2001-07-30

Shyam Sunder And Others vs Ram Kumar And Another

Court
Supreme Court of India
Petitioner
Shyam Sunder And Others
Respondent
Ram Kumar And Another
Author
V. N. Khare
Bench
N.S.Hegde, S.V.Patil, V. N. Khare

Judgment text excerpt

The Supreme Court addressed the implications of the substituted Section 15 of the Punjab Pre-emption Act, 1995, which removed the right of co-sharers to pre-empt sales during the pendency of appeals. The Court resolved a conflict between prior judgments, affirming that the right to pre-empt must exist at the time of the decree and that subsequent amendments extinguish such rights. The Court held that the plaintiffs' right to pre-emption was extinguished by the amendment, leading to the dismissal of their appeal.

Shyam Sunder And Others vs Ram Kumar And Another · Niyam