SUNDER SINGH AND ORS. versus NARAIN SINGH AND ORS.

SUNDER SINGH AND ORS. versus NARAIN SINGH AND ORS.

Section 24 of the Patiala and East Punjab States Union Holdings (Consolidation and Prevention of Fragmentation) Act preserves both rights and obligations attached to the original holding or tenancy, including pre-emption. Thus, the right of pre-emption extends to land allotted in consolidation proceedings in lieu of land subject to sale, and such allotted land is subject to pre-emption in the same way as the original holding.

Parties
Appellant: Sunder Singh and Ors.; Respondent: Narain Singh and Ors.
Jurisdiction
India
Judgment Date
11 March 1966
Procedural Posture
Civil Appeal / Appeal by Special Leave From Judgment and Decree of Punjab High Court
Outcome
Appeal dismissed
Legal Topics
Pre Emption, Land Consolidation, Obligations Attaching to Land
Property Law Pre Emption Land Consolidation Obligations Attaching to Land

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 2 Authorities cited 3 Party arguments 2
Sign in to unlock

Parties

Sunder Singh and Ors.

Appellant

Narain Singh and Ors.

Respondent

Procedural Posture

Civil Appeal / Appeal by Special Leave From Judgment and Decree of Punjab High Court

Legal Issues

  1. 1 Does the right of pre-emption extend to land allotted in lieu of original land following consolidation proceedings?
  2. 2 Does Section 24 of the Patiala and East Punjab States Union Holdings (Consolidation and Prevention of Fragmentation) Act preserve obligations such as pre-emption attached to land after consolidation?

Ratio Decidendi

Section 24 of the Patiala and East Punjab States Union Holdings (Consolidation and Prevention of Fragmentation) Act preserves both rights and obligations attached to the original holding or tenancy, including pre-emption. Thus, the right of pre-emption extends to land allotted in consolidation proceedings in lieu of land subject to sale, and such allotted land is subject to pre-emption in the same way as the original holding.

Court Disposition

Appeal dismissed

Orders

  • Costs as per order dated 8-9-65