SMT. MATTOO DEVI versus DAMODAR LAL (DEAD) BY LRS. AND ORS.

SMT. MATTOO DEVI versus DAMODAR LAL (DEAD) BY LRS. AND ORS.

Notification of April 7, 1927 governs pre-emption procedure in former Jaipur State and dispenses with need for formal talabs. Factual findings by lower courts on lack of plaintiff waiver and on pre-emption are based on evidence and not perverse, thus Supreme Court cannot interfere under Article 136.

Parties
Appellant/defendant: Smt. Mattoo Devi; Respondents/plaintiffs: Damodar Lal (Dead) by LRs. and Ors.
Jurisdiction
India
Judgment Date
18 July 2001
Procedural Posture
Civil Appeal / Appeal to Supreme Court After High Court Decision
Outcome
Appeal dismissed
Legal Topics
Pre Emption, Talab Procedure, Immovable Property Sale
Mohammadan Law Property Law Pre Emption Talab Procedure Immovable Property Sale

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Parties

Smt. Mattoo Devi

Appellant/defendant

Damodar Lal (Dead) by LRs. and Ors.

Respondents/plaintiffs

Procedural Posture

Civil Appeal / Appeal to Supreme Court After High Court Decision

Legal Issues

  1. 1 Facets of talab (demand) under Mohammadan Law for pre-emption
  2. 2 Requirement and waiver of right of pre-emption under Jaipur custom and notification
  3. 3 Scope for interference with factual findings in appellate review

Ratio Decidendi

Notification of April 7, 1927 governs pre-emption procedure in former Jaipur State and dispenses with need for formal talabs. Factual findings by lower courts on lack of plaintiff waiver and on pre-emption are based on evidence and not perverse, thus Supreme Court cannot interfere under Article 136.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed without costs