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.