Supreme Court of India

Bhagwati Prasad Sah and Others v. Bhagwati Prasad Sah and Another

Neutral citation
Reported as [1964] 5 S.C.R. 105
Bench P.B. Gajendragadkar J.
Decided 10 October 1963

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

What the Court ordered

In the result, the appeal is allowed, the decrees of the Subordinate Judge's Court and the High Court are set aside and that of the trial Court is restored.

Judgment, page 15

From the headnote

Pre-emption-Muhammadan Law-Nature of -If right could be exercised in respect of lease hold interest-Land sold with house thereon-If pre-emption allowable regarding house only-Constitu­ tionality of law of pre-emption-Constitution of India, Art. 19(1) (g). One Chathilal Sah of Sahebganj, Bihar, was the owner of a house and two galas which stood on a rent-paying land and he executed a will bequeathing the said property to his daughter and nephew in equal shares. In 1940 the nephew sold one half of the property to respondent No. 1 who two years later acquired under a patta some adjoining lands.

Authorities it was built on

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