Supreme Court · 1995 INSC 714 · Decided 10 November 1995
Jinda Ram (Dead) BY LRS. v. Ram Prakash and ANR.
- Court
- Supreme Court of India
- Citation
- 1995 INSC 714 · [1995] SUPP. 5 S.C.R. 59
- Case number
- CIVIL APPEAL No. 9992/1995
- Decided
- 10 November 1995
- Bench
- J.S. VERMA, K. VENKATASWAMI (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
Headnote
Punjab Pre-Emption Act, 1913: Section IS(l)(b). Pre-emption suit-Plaintiff co-sharer and tenanf-Claim for pre-emp- A B tion held not lost merely because partition had taken place during pendency C of appeal. In a suit filed by the appellant-plaintiff, who was a co-sharer and tenant, pre-emption to the Punjab Pre-Emption Act, 1913 was claimed. The Trial Court granted partial relief but the First Appellate D Court dismissed the plaintiffs suit. The High Court held that not­ withstanding the admitted position that plaintiff was a co-sharer at the time of sale, at the time of filing of
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