J.C. SEHGAL versus DEVI DASS AND ORS.

J.C. SEHGAL versus DEVI DASS AND ORS.

A suit for pre-emption filed and decreed under a provision deleted prior to the institution of the suit is a nullity. The execution of such a decree will be kept in abeyance pending disposal of suits challenging its validity, and dispossession of the bona fide purchaser in the interim is not permitted.

Parties
Appellant: J.C. Sehgal; Respondent: Devi Dass; Vendor/appellant's Vendor: Raj Kumar; Vendor to Ved Paul Gupta: Issar Dass; Purchaser/defendant in Original Suit: Ved Paul Gupta; Intervening Purchaser: Shashi Kant
Jurisdiction
India
Judgment Date
27 April 2004
Procedural Posture
Civil Appeal / Appeal Against High Court Judgment (c.r. No. 231/2001 and C.r. No. 4/2002)
Outcome
Appeals allowed. High Court judgment set aside.
Legal Topics
Pre Emption, Prior Purchase Rights, Execution of Decrees, Jurisdiction, Code of Civil Procedure
Property Law Civil Procedure Pre Emption Prior Purchase Rights Execution of Decrees Jurisdiction Code of Civil Procedure

Case Brief

Summary, issues, holding and outcome

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Parties

J.C. Sehgal

Appellant

Devi Dass

Respondent

Raj Kumar

Vendor/appellant's Vendor

Issar Dass

Vendor to Ved Paul Gupta

Ved Paul Gupta

Purchaser/defendant in Original Suit

Shashi Kant

Intervening Purchaser

Procedural Posture

Civil Appeal / Appeal Against High Court Judgment (c.r. No. 231/2001 and C.r. No. 4/2002)

Legal Issues

  1. 1 Whether a decree for pre-emption can be executed when the provision of law relied on was deleted prior to suit filing.
  2. 2 Whether a decree based on a non-existent legal provision is a nullity and unexecutable.
  3. 3 Whether appellant, a purchaser during pendency of the pre-emption suit, can be dispossessed in execution.

Ratio Decidendi

A suit for pre-emption filed and decreed under a provision deleted prior to the institution of the suit is a nullity. The execution of such a decree will be kept in abeyance pending disposal of suits challenging its validity, and dispossession of the bona fide purchaser in the interim is not permitted.

Court Disposition

Appeals allowed. High Court judgment set aside.

Orders

  • Execution of the decree to remain in abeyance pending disposal of the two suits (one by Raj Kumar, one by the appellant).
  • Appellant not to be dispossessed in the interim.