SANT RAM AND ORS. versus LABH SINGH AND ORS.

SANT RAM AND ORS. versus LABH SINGH AND ORS.

Customary law of pre-emption based on vicinage is void under Article 19(1)(f) of the Constitution; 'law' in Article 13 includes custom and usage having force of law.

Parties
Appellant: Sant Ram and others; Respondent: Labh Singh and others
Jurisdiction
India
Judgment Date
15 April 1964
Procedural Posture
Civil Appeal / Appeal From Judgment and Order of Allahabad High Court in Second Appeal No. 620 of 1957
Outcome
appeal allowed
Legal Topics
Pre Emption, Custom and Usage, Fundamental Rights
Constitutional Law Property Law Pre Emption Custom and Usage Fundamental Rights

Case Brief

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Parties

Sant Ram and others

Appellant

Labh Singh and others

Respondent

Procedural Posture

Civil Appeal / Appeal From Judgment and Order of Allahabad High Court in Second Appeal No. 620 of 1957

Legal Issues

  1. 1 Whether a right of pre-emption based on custom infringes the Constitution of India
  2. 2 Whether 'laws in force' as per Article 13 includes custom and usage

Ratio Decidendi

Customary law of pre-emption based on vicinage is void under Article 19(1)(f) of the Constitution; 'law' in Article 13 includes custom and usage having force of law.

Court Disposition

appeal allowed

Orders

  • Appeal allowed; parties shall bear their own costs throughout.