SURESH CHAND AND ANR. vs SURESH CHANDER (D) THR. LRS.

The Supreme Court addressed the issue of pre-emption rights under the Rajasthan Pre-emption Act, 1966, specifically examining whether Beni Prasad, as a joint owner in possession, had a right of pre-emption against the sale by his brother Kirorilal to Devicharan. The Court held that the right of pre-emption is contingent upon the existence of a joint ownership and possession, and that the evidence presented did not sufficiently establish Beni Prasad's claim to pre-emption. Consequently, the appeal was dismissed, affirming the lower court's decision.