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april 2004

Supreme Court of India · 2004-04-27

J.C. SEHGAL vs DEVI DASS .

Citation / case number
SC 2002/21174
Court
Supreme Court of India
Petitioner
J.C. SEHGAL
Respondent
DEVI DASS .
Author
S. RAJENDRA BABU,AR. LAKSHMANAN,G.P. MATHUR.
Bench
S. RAJENDRA BABU,DR. AR. LAKSHMANAN,G.P. MATHUR.

Judgment text excerpt

The Supreme Court addressed the issue of pre-emption under the J & K Rights of Prior Purchase Act, emphasizing that a tenant's acceptance of a new landlord does not negate the rights of a prior purchaser if the latter's purchase is valid and executed without knowledge of pre-emption claims. The Court held that the appellant, having purchased the property from the tenant, was entitled to protection under the law despite the prior decree in favor of the respondent. The judgment of the High Court was set aside, affirming the appellant's ownership rights.

J.C. SEHGAL vs DEVI DASS . · Niyam