Supreme Court of India · 2009-01-20
Jai Singh & Ors vs Gurmej Singh
- Citation / case number
- AIR 2009 SC (SUPP) 1570
- Court
- Supreme Court of India
- Petitioner
- Jai Singh & Ors
- Respondent
- Gurmej Singh
- Author
- Arijit Pasayat
- Bench
- Mukundakam Sharma, Arijit Pasayat
Judgment text excerpt
The Supreme Court upheld the Punjab and Haryana High Court's decision regarding the pre-emption rights under Section 15(1)(b) of the Punjab Pre-emption Act, 1913, affirming that a co-owner's sale of a specific portion of land does not confer co-ownership to the vendees, thus negating their right to pre-empt. The Court clarified that the sale of a defined share does not equate to a sale of shares in the joint land, referencing the Full Bench decision in Lachhman Singh v. Pritam Chand (AIR 1970 P & H 304). The appeal was dismissed, affirming the lower courts' findings in favor of the pre-emptor.