Niyam v2 is live — start for just ₹100 — 200 credits to try

january 2008

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.

Labh Singh & Ors vs Bachan Singh · Niyam