Supreme Court of India
Bhagwati Prasad Sah and Others v. Bhagwati Prasad Sah and Another
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.
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