HAZARI & ORS. versus NEKI & ORS.

HAZARI & ORS. versus NEKI & ORS.

The statutory right of pre-emption under Punjab Act 1 of 1913 is heritable and survives to legal representatives, and Section 31 of the amended Act does not bar decrees for suits instituted after its enactment; the appeal fails as legal representatives were properly brought on record and entitled to succeed.

Parties
Appellant: Hazari & Ors.; Respondent: Neki & Ors.
Jurisdiction
India
Judgment Date
25 January 1968
Procedural Posture
Civil Appeals (by Special Leave) / Final Judgment on Appeals From Punjab High Court
Outcome
Appeals dismissed with costs.
Legal Topics
Pre Emption, Heritability of Statutory Rights, Survival of Cause of Action, Punjab Pre Emption Act, Code of Civil Procedure
Property Law Succession Law Civil Procedure Pre Emption Heritability of Statutory Rights Survival of Cause of Action Punjab Pre Emption Act Code of Civil Procedure

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Parties

Hazari & Ors.

Appellant

Neki & Ors.

Respondent

Procedural Posture

Civil Appeals (by Special Leave) / Final Judgment on Appeals From Punjab High Court

Legal Issues

  1. 1 Whether the statutory right of pre-emption under Punjab Act 1 of 1913 is heritable and survives to legal representatives upon death of the pre-emptor
  2. 2 Whether Section 31 of the Punjab Pre-emption Act, as amended by Act 10 of 1960, bars a decree in favour of substituted legal representatives

Ratio Decidendi

The statutory right of pre-emption under Punjab Act 1 of 1913 is heritable and survives to legal representatives, and Section 31 of the amended Act does not bar decrees for suits instituted after its enactment; the appeal fails as legal representatives were properly brought on record and entitled to succeed.

Court Disposition

Appeals dismissed with costs.

Orders

  • One set of hearing fee; legal representatives of Neki entitled to succeed to pre-emption decrees.