Supreme Court of India · 2008-01-11
LABH SINGH vs BACHAN SINGH
- Citation / case number
- SC 2005/1386
- Court
- Supreme Court of India
- Petitioner
- LABH SINGH
- Respondent
- BACHAN SINGH
- Author
- ARIJIT PASAYAT
- Bench
- AFTAB ALAM DR. ARIJIT PASAYAT
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, and the right cannot be negated by amendments to the Act that affect co-sharers. The Court found that the High Court correctly interpreted the precedents set in Atam Prakash v. State of Haryana and Mahant Braham Dass Singh Pannu v. Om Prakash Chaudhary, affirming the plaintiff's right to pre-emption despite the defendant's claims regarding the sale by a female vendor.