VIJAY KUMAR vs SHANTI DEVI

The Supreme Court addressed the issue of whether an ex parte decree, later set aside, can be considered a decree of the court of first instance in a pre-emption suit under the Punjab Pre-emption Act, 1913. The Court held that the right of pre-emption for a co-sharer was extinguished due to the amendment of Section 15 of the 1913 Act, which limited this right to tenants only. Consequently, the Court upheld the dismissal of the appellant's suit for possession based on pre-emption rights, affirming the lower courts' decisions.