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.