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.