PREM DULARI versus RAJ KUMARI
Section 15(fourthly) of the Right of Prior Purchase Act (J&K Act 11 of 1993) vests the right of prior purchase in owners of properties that have a common outer entrance with the property sold, regardless of joint ownership; this provision does not violate Article 19(1)(f) and is a reasonable restriction.
- Parties
- Appellant: Prem Dulari; Respondent No. 1: Raj Kumari; Respondent No. 2: Unknown (Second Respondent - seller)
- Jurisdiction
- India
- Judgment Date
- 23 March 1967
- Procedural Posture
- Civil Appeal / Appeal by Special Leave From Jammu and Kashmir High Court
- Outcome
- Appeal dismissed with costs
- Legal Topics
- Right of Prior Purchase, Pre Emption, Reasonable Restriction Under Article 19(1)(f)
Case Brief
Summary, issues, holding and outcome
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Parties
Prem Dulari
Appellant
Raj Kumari
Respondent No. 1
Unknown (Second Respondent - seller)
Respondent No. 2
Procedural Posture
Civil Appeal / Appeal by Special Leave From Jammu and Kashmir High Court
Legal Issues
- 1 Whether the existence of a common outer entrance, not jointly owned, gives rise to the right of prior purchase under s.15 (fourthly) of the Right of Prior Purchase Act, 1993 (J&K)
- 2 Whether s.15 (fourthly) is unconstitutional as it violates Article 19(1)(f) of the Constitution
Ratio Decidendi
Section 15(fourthly) of the Right of Prior Purchase Act (J&K Act 11 of 1993) vests the right of prior purchase in owners of properties that have a common outer entrance with the property sold, regardless of joint ownership; this provision does not violate Article 19(1)(f) and is a reasonable restriction.
Court Disposition
Appeal dismissed with costs
Orders
- Appeal dismissed with costs
Full Case Text
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