Supreme Court · 2008 INSC 947 · Decided 19 August 2008
Kumar Gonsusab & ORS. v. Sri Mohammed Miyan Urf Saban & ORS.
- Court
- Supreme Court of India
- Citation
- 2008 INSC 947 · [2008] 12 S.C.R. 226
- Case number
- CIVIL APPEAL No. 157/2001
- Decided
- 19 August 2008
- Bench
- TARUN CHATTERJEE, P. SATHASIVAM (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- Constitution; Transfer of Property Act Section 54
Headnote
Mohammedan Law - ss. 226 and 232 - Suit for pre-emp- tion on the ground of vicinage - On the basis of agreement for c sale of the suit property - Entertainability of - Held: Suit not entertainable as no cause of action arose to file the suit- Cause of action would arise only when the suit property not when there is merely an agreement to sell - Trans- fer of Property Act, 1882 - s. 54. D Pre-emption - Right to pre-emption - Nature of - Held: Such right is a weak right - There are no equities in favour of }. pre-emptor - Courts can not go out of their way to help the .,., pre-emptor -
Judgments are the courts' own published copies, provided for study; they are not certified copies. Source: Indian Supreme Court & High Court Judgments, Dattam Labs (CC-BY-4.0)