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january 2008

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.

LABH SINGH vs BACHAN SINGH · Niyam