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february 2024

Supreme Court of India · 2024-02-06

Jagmohan vs Badri Nath Kohli (Dead) Thr. Lrs.

Court
Supreme Court of India
Petitioner
Jagmohan
Respondent
Badri Nath Kohli (Dead) Thr. Lrs.
Author
Rajesh Bindal
Bench
Rajesh Bindal, C.T.Ravikumar

Judgment text excerpt

The Supreme Court upheld the concurrent findings of the lower courts regarding the respondents' right of pre-emption under the Punjab Pre-emption Act, 1913, despite the appellants' challenge based on a notification that purportedly extinguished such rights in municipal areas. The Court clarified that the right of pre-emption must exist at the time of registration, filing, and decree of the suit, referencing the precedent set in Shyam Sunder v. Ram Kumar. The Court found that the suit was not time-barred as it was filed within the statutory period, thus affirming the lower courts' decisions.

Jagmohan vs Badri Nath Kohli (Dead) Thr. Lrs. · Niyam