Supreme Court · 1960 INSC 128 · Decided 23 August 1960
Radhakisan Laxminarayan Toshniwal v. Shridhar Ramchandra Alshi and Others
- Court
- Supreme Court of India
- Citation
- 1960 INSC 128 · [1961] 1 S.C.R. 248
- Case number
- CIVIL APPEAL No. 167/1955
- Decided
- 23 August 1960
- Bench
- BHUVNESHWAR PRASAD SINHA, J.L. KAPUR, P.B. GAJENDRAGADKAR, K. SUBBA RAO, K.N. WANCHOO (5-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- Transfer of Property Act; Land Revenue Code
Headnote
COURT REPORTS [1961] '960 RADHAKISAN LAXMINARAYAN TOSHNIWAL August 23. V. SHRIDHAR RAMCHANDRA ALSHI AND OTHEI~S. (B. P. SINHA, c. J., J. L. KAPUR, P. B. GAJENDRAGADKAR, K. SunBA HAo and K. N. WANCHOO, JJ.) Pre-emption-Equity if in favour of pre-emptor-Whether M ohamedon Law or personal law can survey number which according to the agreement was to be diverted to non-agricultural purposes and thereafter a sale deed was to be executed. In pursuance to the said agreement the vendors ~pplied for diversion which was sanctioned subject to the payment of premium and other conditions.
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