BHAGWAN DAS (DEAD) BY LRS. & ORS. versus CHET RAM

BHAGWAN DAS (DEAD) BY LRS. & ORS. versus CHET RAM

A tenant must hold the land up to the date of the decree; if the tenancy is terminated and the tenant is dispossessed before or during the pendency of the suit, the right of pre-emption is not available. The plaintiff cannot succeed if he ceased to be a tenant before the decree.

Parties
Appellant: Bhagwan Das (Dead) by LRS. & Ors.; Respondent: Chet Ram
Jurisdiction
India
Judgment Date
16 October 1970
Procedural Posture
Civil Appeal / Supreme Court Decision on Appeal by Special Leave
Outcome
Appeal allowed; respondent's suit dismissed.
Legal Topics
Pre Emption, Punjab Pre Emption Act, Tenancy, Eviction, Statutory Rights
Property Law Pre Emption Punjab Pre Emption Act Tenancy Eviction Statutory Rights

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Parties

Bhagwan Das (Dead) by LRS. & Ors.

Appellant

Chet Ram

Respondent

Procedural Posture

Civil Appeal / Supreme Court Decision on Appeal by Special Leave

Legal Issues

  1. 1 Whether a person who has ceased to hold land as a tenant can succeed in a suit for possession by pre-emption under s. 15(1)(a) Fourthly of the Punjab Pre-emption Act, 1913

Ratio Decidendi

A tenant must hold the land up to the date of the decree; if the tenancy is terminated and the tenant is dispossessed before or during the pendency of the suit, the right of pre-emption is not available. The plaintiff cannot succeed if he ceased to be a tenant before the decree.

Court Disposition

Appeal allowed; respondent's suit dismissed.

Orders

  • Parties to bear their own costs in the Supreme Court.