JAI SINGH & ORS. versus GURMEJ SINGH

JAI SINGH & ORS. versus GURMEJ SINGH

Sale by co-owner of specific portion from joint holding is a sale of a share out of the joint holding and is pre-emptible under Section 15(1)(b) of Punjab Pre-emption Act, 1913.

Parties
Appellant: Jai Singh & Ors.; Respondent: Gurmej Singh
Jurisdiction
India
Judgment Date
20 January 2009
Procedural Posture
Civil Appeal / Appeal From High Court Judgment
Outcome
Appeal dismissed
Legal Topics
Pre Emption, Co Ownership, Joint Property, Partition
Property Law Pre Emption Co Ownership Joint Property Partition

Case Brief

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Parties

Jai Singh & Ors.

Appellant

Gurmej Singh

Respondent

Procedural Posture

Civil Appeal / Appeal From High Court Judgment

Legal Issues

  1. 1 Whether sale of a specific portion of land by a co-owner out of joint holding is pre-emptible under Section 15(1)(b) of Punjab Pre-emption Act, 1913

Ratio Decidendi

Sale by co-owner of specific portion from joint holding is a sale of a share out of the joint holding and is pre-emptible under Section 15(1)(b) of Punjab Pre-emption Act, 1913.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed.