RAGHUNATH (D) BY LRS. versus RADHA MOHAN (D) THR. LRS & ORS.

RAGHUNATH (D) BY LRS. versus RADHA MOHAN (D) THR. LRS & ORS.

The right of pre-emption is exercisable only once when the cause of that right first arises after the Rajasthan Pre-Emption Act, 1966 became operative; Section 9 operates as a bar to the same pre-emptor exercising the right anew in respect of subsequent transactions relating to the same immovable property, and therefore the suit claiming pre-emption over the 21.01.1974 sale was barred by limitation because the original plaintiff did not challenge the earlier sale dated 05.11.1966.

Parties
Appellant: Raghunath (D) by Lrs.; Respondent: Radha Mohan (D) Thr. Lrs. & Ors.
Jurisdiction
India
Judgment Date
13 October 2020
Procedural Posture
Civil Appeal / Appeal to the Supreme Court From Judgment of the Rajasthan High Court Dated 29.06.2009
Outcome
Appeal allowed
Legal Topics
Pre Emption, Limitation Period Under Article 97 Limitation Act, 1963, Right of Substitution, Waiver and Estoppel, Sections 3, 6, 8, 9 and 21 Rajasthan Pre Emption Act, 1966
Property Law Civil Procedure Limitation Law Pre Emption Limitation Period Under Article 97 Limitation Act, 1963 Right of Substitution Waiver and Estoppel Sections 3, 6, 8, 9 and 21 Rajasthan Pre Emption Act, 1966

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Parties

Raghunath (D) by Lrs.

Appellant

Radha Mohan (D) Thr. Lrs. & Ors.

Respondent

Procedural Posture

Civil Appeal / Appeal to the Supreme Court From Judgment of the Rajasthan High Court Dated 29.06.2009

Legal Issues

  1. 1 Whether the right of pre-emption can be exercised afresh on subsequent sales after a pre-emptor has not exercised the right in respect of an earlier sale
  2. 2 When does the limitation period under Section 21 of the Rajasthan Pre-Emption Act, 1966 read with Article 97 of the Limitation Act, 1963 commence for enforcement of pre-emption
  3. 3 Whether Section 9 of the Rajasthan Pre-Emption Act, 1966 operates as a bar to exercising pre-emption on subsequent transactions relating to the same immovable property

Ratio Decidendi

The right of pre-emption is exercisable only once when the cause of that right first arises after the Rajasthan Pre-Emption Act, 1966 became operative; Section 9 operates as a bar to the same pre-emptor exercising the right anew in respect of subsequent transactions relating to the same immovable property, and therefore the suit claiming pre-emption over the 21.01.1974 sale was barred by limitation because the original plaintiff did not challenge the earlier sale dated 05.11.1966.

Court Disposition

Appeal allowed

Orders

  • Impugned judgment of the Rajasthan High Court dated 29.06.2009 set aside
  • Order of the trial court dated 01.02.1988 upheld