KANTA RANI © KANTI DEVI & ANR. versus RAMA RANI

KANTA RANI © KANTI DEVI & ANR. versus RAMA RANI

A right of pre-emption claimed under customary law as an incident of tenancy survives to the legal representatives of the deceased tenant; such rights attached to tenancy are heritable, regardless of whether pre-emption arises from customary or statutory law.

Parties
Appellant: Kanta Rani; Appellant: Kanti Devi & Anr.; Respondent: Rama Rani
Jurisdiction
India
Judgment Date
08 February 1988
Procedural Posture
Civil Appeal / Appeal From High Court Revision Order
Outcome
Appeal allowed
Legal Topics
Pre Emption, Heritability of Pre Emption Rights, Order 22 Rule 3 CPC, Customary Law
Civil Procedure Property Law Pre Emption Heritability of Pre Emption Rights Order 22 Rule 3 CPC Customary Law

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Parties

Kanta Rani

Appellant

Kanti Devi & Anr.

Appellant

Rama Rani

Respondent

Procedural Posture

Civil Appeal / Appeal From High Court Revision Order

Legal Issues

  1. 1 Whether the right of pre-emption conferred on a tenant by customary law is heritable
  2. 2 Whether legal representatives of a deceased tenant can be brought on record to prosecute a pre-emption suit

Ratio Decidendi

A right of pre-emption claimed under customary law as an incident of tenancy survives to the legal representatives of the deceased tenant; such rights attached to tenancy are heritable, regardless of whether pre-emption arises from customary or statutory law.

Court Disposition

Appeal allowed

Orders

  • Order of High Court set aside
  • Order of trial court restored