Supreme Court · 1964 INSC 119 · Decided 15 April 1964
Sant Ram and ORS. v. Labh Singh and ORS.
- Court
- Supreme Court of India
- Citation
- 1964 INSC 119 · [1964] 7 S.C.R. 756
- Case number
- CIVIL APPEAL No. 299/1964
- Decided
- 15 April 1964
- Bench
- P.B. GAJENDRAGADKAR, K.N. WANCHOO, M. HIDAYATULLAH, K.C. DAS GUPTA, N. RAJAGOPALA AYYANGAR (5-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- Constitution Article 13, 19, 15
Headnote
Pre-emption-Based on custom-Whether infringes Consti­ tution of Jndia-"Laws in force"-W:hether includes custom and usage-Constitution of India, Arts. 13, 19. In a suit filed by the respondent, the Munsif though hold­ ing that there was a general custom of pre-emption and that the respondent had a right to pre-empt, under that custom, dismissed the suit because the sale did not include a strip of land 3 feet 6 inches wide between the respondent's h'.:use and the property sold. The respondent's appeal was allowed by the District Judge. The appellants appealed
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