Supreme Court of India
Jinda Ram (dead) by Lrs. v. Ram Prakash and Anr.
INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.
What the Court ordered
We are of the view that the learned Judge was not right in holding that the plaintiff would lose his right of pre-emption on account of B 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 4
From the headnote
Punjab Pre-Emption Act, 1913: Section IS(l)(b). Pre-emption suit-Plaintiff co-sharer and tenanf-Claim for pre-emp- tion held not lost merely because partition had taken place during pendency of appeal. In a suit filed by the appellant-plaintiff, who was a co-sharer and tenant, pre-emption right in respect of agricultural suit lands under Section lS(l)(b) fourthly and fifthly to the Punjab Pre-Emption Act, 1913 was claimed.…
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