Supreme Court · 2020 INSC 590 · Decided 13 October 2020

Raghunath (D) BY LRS. v. Radha Mohan (D) THR. LRS & ORS.

Court
Supreme Court of India
Citation
2020 INSC 590 · [2020] 14 S.C.R. 462
Case number
CIVIL APPEAL No. 1442/2016
Decided
13 October 2020
Bench
SANJAY KISHAN KAUL, ANIRUDDHA BOSE, KRISHNA MURARI (3-judge bench)
Outcome
Appeal(s) allowed
Case type
Civil
Acts & sections cited
Limitation Act Section 97

Headnote

Rajasthan Pre-Emption Act, 1966 - ss.3, 6, 8 , 9 and 21 - Exercise of right of Pre-emption - Limitation for - Plaintiff 's suit for pre-emption over a transaction effected on 21.01.1974 - Three sale transactions involving the taken place in 1945, 1946 and 1966 - Right in property was predicated on account of having a common portion therein - Trial Court eventually held the suit to be barred by limitation in absence of challenge to sale deed of 1966 - Upheld by first appellate court - High

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