JINDA RAM (DEAD) BY LRS. versus RAM PRAKASH AND ANR.

JINDA RAM (DEAD) BY LRS. versus RAM PRAKASH AND ANR.

A plaintiff's right of pre-emption as a co-sharer or tenant is determined by his status at the time of sale and instituting suit; such a right, once established and not challenged by vendees-defendants, cannot be defeated by partition occurring during pendency of appeal.

Parties
Appellant: Jinda Ram (Dead) by LRs.; Respondent: Ram Prakash and another
Jurisdiction
India
Judgment Date
10 November 1995
Procedural Posture
Civil Appeal / Supreme Court Appeal Against Punjab & Haryana High Court Decision in RSA No. 2342 of 1991
Outcome
Appeal allowed. Judgment of High Court set aside. Decree for pre-emption granted to appellants as prayed.
Legal Topics
Pre Emption, Co Sharer Rights, Partition During Litigation
Property Law Pre Emption Co Sharer Rights Partition During Litigation

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Parties

Jinda Ram (Dead) by LRs.

Appellant

Ram Prakash and another

Respondent

Procedural Posture

Civil Appeal / Supreme Court Appeal Against Punjab & Haryana High Court Decision in RSA No. 2342 of 1991

Legal Issues

  1. 1 Whether a partition effected during the pendency of the appeal affects the right of a person who was a co-sharer at the time of sale to claim pre-emption.

Ratio Decidendi

A plaintiff's right of pre-emption as a co-sharer or tenant is determined by his status at the time of sale and instituting suit; such a right, once established and not challenged by vendees-defendants, cannot be defeated by partition occurring during pendency of appeal.

Court Disposition

Appeal allowed. Judgment of High Court set aside. Decree for pre-emption granted to appellants as prayed.

Orders

  • Appellants to deposit the amount as determined by the first appellate court in the trial court within two months from the date of this judgment.