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january 2009

Supreme Court of India · 2009-01-20

JAI SINGH vs GURMEJ SINGH

Citation / case number
SC 2007/6944
Court
Supreme Court of India
Petitioner
JAI SINGH
Respondent
GURMEJ SINGH
Author
ARIJIT PASAYAT
Bench
ARIJIT PASAYAT,MUKUNDAKAM SHARMA, , ,

Judgment text excerpt

The Supreme Court addressed the issue of whether the sale of a specific portion of land by a co-owner constitutes a sale of shares from joint land, impacting the right of pre-emption under Section 15(1)(b) of the Punjab Pre-emption Act, 1913. The Court held that when a co-sharer sells a defined part of the joint land, the vendees do not become co-owners with other co-sharers, thus negating the pre-emptor's claim. The appeal against the High Court's dismissal of the second appeal was rejected, affirming the lower courts' findings.

JAI SINGH vs GURMEJ SINGH · Niyam