JAGDISH & ORS. versus NATHI MAL KEJRIWAL & ORS.

JAGDISH & ORS. versus NATHI MAL KEJRIWAL & ORS.

Petitioners, falling under clauses 'First' or 'Secondly' of s.15(1)(b), are excluded from seeking pre-emption under clause 'Fourthly'; hence, they have no right to pre-emption under the Act.

Parties
Petitioner: Jagdish & Ors.; Respondent: Nathi Mal Kejriwal & Ors.
Jurisdiction
India
Judgment Date
24 October 1986
Procedural Posture
Special Leave Petition (civil) / Supreme Court Review of High Court Second Appeal Decision
Outcome
Petition dismissed
Legal Topics
Pre Emption, Joint Family Property, Interpretation of Statutes
Property Law Pre Emption Joint Family Property Interpretation of Statutes

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Parties

Jagdish & Ors.

Petitioner

Nathi Mal Kejriwal & Ors.

Respondent

Procedural Posture

Special Leave Petition (civil) / Supreme Court Review of High Court Second Appeal Decision

Legal Issues

  1. 1 Whether non-alienating co-sharers of joint family land are entitled to claim right of pre-emption under clause 'Fourthly' of s.15(1)(b) of the Punjab Pre-emption Act, 1913

Ratio Decidendi

Petitioners, falling under clauses 'First' or 'Secondly' of s.15(1)(b), are excluded from seeking pre-emption under clause 'Fourthly'; hence, they have no right to pre-emption under the Act.

Court Disposition

Petition dismissed

Orders

  • Petitioners' special leave petition dismissed.