Supreme Court of India · 2020-10-13
Raghunath(D) By Lrs. vs Radha Mohan (D) Thr. Lrs.
- Citation / case number
- AIR 2020 SUPREME COURT 5026
- Court
- Supreme Court of India
- Petitioner
- Raghunath(D) By Lrs.
- Respondent
- Radha Mohan (D) Thr. Lrs.
- Author
- Sanjay Kishan Kaul
- Bench
- Krishna Murari, Aniruddha Bose, Sanjay Kishan Kaul
Judgment text excerpt
The Supreme Court addressed the commencement of limitation under the Rajasthan Pre-Emption Act, 1966, determining that it begins from the first sale deed executed after the Act's enforcement rather than from earlier transactions. The Court clarified that the plaintiff's right to pre-emption under Section 6 of the Act was valid, despite challenges based on limitation due to previous sales in 1945, 1946, and 1966. The appeal was upheld, allowing the plaintiff to enforce their pre-emption rights over the transaction dated January 21, 1974.