Supreme Court · 1963 INSC 207 · Decided 10 October 1963

Bhagwati Prasad Sah and Others v. Bhagwati Prasad Sah and Another

Court
Supreme Court of India
Citation
1963 INSC 207 · [1964] 5 S.C.R. 105
Case number
CIVIL APPEAL No. 672/1962
Decided
10 October 1963
Bench
P.B. GAJENDRAGADKAR, K. SUBBA RAO, K.N. WANCHOO, J.C. SHAH, RAGHUBAR DAYAL (5-judge bench)
Outcome
Appeal(s) allowed
Case type
Civil
Acts & sections cited
Constitution Article 19(1)(g), 19(1)(f)

Headnote

SUPREME COURT REPORTS 105 BHAGWATI PRASAD SAH AND OTHERS v. BHAGWATI PRASAD SAH AND ANOTHER (P.B. GAJENDRAGADKAR, K. SUBBA RAO, K.N. WANCHOO, J.C. SHAH AND RAGHUBAR DAYAL JJ.) Pre-emption-Muhammadan Law-Nature of -If right could be exercised in respect of lease hold interest-Land sold with house a house and two galas which stood on a rent-paying land and he executed a will bequeathing the said property to his daughter and nephew in equal shares. In 1940 the nephew sold one half of the property to respondent No. 1 who two years later acquired under a patta some adjoining lands. In 1949

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