PREMA (DEAD) THR. LRS. versus SURAT SINGH AND ORS. ETC. ETC.

PREMA (DEAD) THR. LRS. versus SURAT SINGH AND ORS. ETC. ETC.

Defence of improvement of status by appellant could not be accepted since acquisition of right under second sale was itself challenged in a pre-emption suit; Section 21-A requires the status to be undisputable, and Section 28-A forestalls adjudication until related suits are decided.

Parties
Appellant: PREMA (DEAD) THR. LRS.; Respondent: SURAT SINGH AND ORS.
Jurisdiction
India
Judgment Date
04 February 2003
Procedural Posture
Civil Appeal / Final Judgment
Outcome
Appeals dismissed
Legal Topics
Pre Emption, Punjab Pre Emption Act, Improvement of Status, Co Ownership, Agricultural Land
Property Law Pre Emption Punjab Pre Emption Act Improvement of Status Co Ownership Agricultural Land

Case Brief

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Parties

PREMA (DEAD) THR. LRS.

Appellant

SURAT SINGH AND ORS.

Respondent

Procedural Posture

Civil Appeal / Final Judgment

Legal Issues

  1. 1 Whether the defence of improvement in status by subsequent acquisition of co-owner's share can defeat a suit for pre-emption under Punjab Pre-emption Act, 1913
  2. 2 Application of Sections 21-A and 28-A of Punjab Pre-emption Act, 1913

Ratio Decidendi

Defence of improvement of status by appellant could not be accepted since acquisition of right under second sale was itself challenged in a pre-emption suit; Section 21-A requires the status to be undisputable, and Section 28-A forestalls adjudication until related suits are decided.

Court Disposition

Appeals dismissed

Orders

  • No order as to costs