Supreme Court of India
Karam Devi v. Ram Parkash
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What the Court ordered
We are of the view that the learned Judge was not right in holding that the plaintiff would loose his right of pre-emption on account of a partition that had taken place pending appeal even though the right of the plaintiff as a co-sharer to pre-empt was established in the trial court and not challenged by the vendees-defendants.
Judgment, page 2
From the headnote
JUDGMENT: J U M N T VENKATASWAMI, J. Leave granted. Heard counsel on both sides. This appeal by special leave is directed against the judgment and order dated 18.3.1992 of the High Court of Punjab & Haryana in RSA No. 2342 of 1981. The question that arises for consideration in this appeal is whether a partition effected during the pendency of the appeal affects the right of a person who was admittedly a co-sharer at the time of sale of pre-emption.
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