INDIRA BAI versus NAND KISHORE

INDIRA BAI versus NAND KISHORE

Where the right of pre-emption is private, and the statute does not declare transactions void for lack of notice, estoppel and waiver may operate against a pre-emptor; the respondent, having acquiesced in the sale and construction, cannot claim pre-emption after such conduct.

Parties
Appellant: Indira Bai; Respondent: Nand Kishore
Jurisdiction
India
Judgment Date
05 September 1990
Procedural Posture
Civil Appeal / Appeal by Special Leave From High Court Decision
Outcome
appeal allowed
Legal Topics
Pre Emption, Estoppel, Waiver, Public Policy
Property Law Equity Pre Emption Estoppel Waiver Public Policy

Case Brief

Summary, issues, holding and outcome

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Parties

Indira Bai

Appellant

Nand Kishore

Respondent

Procedural Posture

Civil Appeal / Appeal by Special Leave From High Court Decision

Legal Issues

  1. 1 Whether estoppel and waiver are valid defences against the right of pre-emption under the Rajasthan Pre-emption Act, 1966
  2. 2 Whether failure to serve notice by vendor affects the validity of sale and right of pre-emption

Ratio Decidendi

Where the right of pre-emption is private, and the statute does not declare transactions void for lack of notice, estoppel and waiver may operate against a pre-emptor; the respondent, having acquiesced in the sale and construction, cannot claim pre-emption after such conduct.

Court Disposition

appeal allowed

Orders

  • The order of the High Court is set aside.
  • The order of the First Appellate Court is restored.