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.