Supreme Court of India · 2008-08-19
KUMAR GONSUSAB vs SRI MOHAMMED MIYAN .
- Citation / case number
- SC 2000/2679
- Court
- Supreme Court of India
- Petitioner
- KUMAR GONSUSAB
- Respondent
- SRI MOHAMMED MIYAN .
- Author
- TARUN CHATTERJEE
- Bench
- TARUN CHATTERJEE,P. SATHASIVAM, , ,
Judgment text excerpt
The Supreme Court addressed the validity of the law of pre-emption based on vicinage, previously deemed void in Bhau Ram vs. B. Baijnath Singh and Sant Ram & Ors. vs. Labh Singh & Ors. The Court held that the law of pre-emption on the ground of vicinage is not unconstitutional following constitutional amendments. The High Court's decision to allow the respondents' appeal and decree the suit was upheld, affirming their right to pre-empt the sale of the suit property based on vicinage under Mohammedan Law.