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july 2001

Supreme Court of India · 2001-07-31

Shyam Sunder And Others vs Ram Kumar And Another

Citation / case number
AIR 2001 SUPREME COURT 2472
Court
Supreme Court of India
Petitioner
Shyam Sunder And Others
Respondent
Ram Kumar And Another
Author
V.N.Khare
Bench
S.P.Bharucha, V.N.Khare, S.V.Patil

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 a sale during the pendency of an appeal. The Court resolved a conflict between two prior judgments regarding the timing of the right to pre-emption, affirming that the right must exist at the time of the decree and that subsequent amendments extinguish the right. The Court held that the plaintiffs' right to pre-emption was extinguished by the amendment, leading to the dismissal of the appeal.

Shyam Sunder And Others vs Ram Kumar And Another · Niyam