AYUB KHAN versus DEEP KUMAR CHAWLA AND ORS. ETC.

Daughters of Karta are bound by sale made by Karta for family necessity and cannot claim pre-emption; tenants are entitled to pre-emption by virtue of Section 15(1-B)(Fifthly) of Punjab Pre-emption Act, 1913.

Parties: Appellant: Ayub Khan; Respondents: Deep Kumar Chawla and Ors.; Respondent: Gopal Krishan Chawla; Daughter of Karta/party to Suit: Meeka; Daughter of Karta/party to Suit: Madhu
Jurisdiction: India
Judgment Date: 10 January 1995
Procedural Posture: Civil Appeal / Appeal by Special Leave From Punjab & Haryana High Court Judgment in RSA Nos. 1703, 1824 1831 of 1983
Outcome: Appeals dismissed with respect to pre-emption suits by tenants; suits filed by daughters dismissed.
Legal Topics: Pre Emption, Punjab Pre Emption Act, 1913, Joint Family Property

Property Law Pre Emption Punjab Pre Emption Act, 1913 Joint Family Property

Case Brief

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Full judgment text Legal principles 3 Authorities cited 2 Party arguments 2 Amounts and remedies 1

Parties

Ayub Khan

Appellant

Deep Kumar Chawla and Ors.

Respondents

Gopal Krishan Chawla

Respondent

Meeka

Daughter of Karta/party to Suit

Madhu

Daughter of Karta/party to Suit

Procedural Posture

Civil Appeal / Appeal by Special Leave From Punjab & Haryana High Court Judgment in RSA Nos. 1703, 1824 1831 of 1983

Legal Issues

1 Whether daughters of Karta and tenants can claim pre-emption for property purchased from Karta of joint family under Punjab Pre-emption Act, 1913

Ratio Decidendi

Court Disposition

Appeals dismissed with respect to pre-emption suits by tenants; suits filed by daughters dismissed.

Orders

Meeka and Madhu permitted to withdraw pre-emption money from trial court.
Tenants directed to deposit pre-emption amount pro-rata within two months as directed by trial court.