Supreme Court of India · 2008-01-11
Labh Singh & Ors vs Bachan Singh
- Citation / case number
- AIR 2008 SUPREME COURT 1432
- Court
- Supreme Court of India
- Petitioner
- Labh Singh & Ors
- Respondent
- Bachan Singh
- Author
- Arijit Pasayat
- Bench
- Arijit Pasayat, Aftab Alam
Judgment text excerpt
The Supreme Court upheld the judgment of the Punjab and Haryana High Court restoring the Trial Court's decree in a pre-emption suit under Section 15(1) of the Punjab Pre-emption Act, 1913. The Court established that a co-sharer has a superior right of pre-emption, rejecting the argument that the sale was not pre-emptible due to the involvement of a female vendor under Section 15(2). The Court clarified that the right of pre-emption cannot be defeated by amendments that restrict co-sharer rights, affirming the High Court's interpretation of previous rulings in Atam Prakash v. State of Haryana and Mahant Braham Dass Singh Pannu v. Om Prakash Chaudhary.