Supreme Court of India
Jinda Ram (dead) by Lrs. v. Ram Prakash and Anr.
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What the Court ordered
We are of the view that the learned Judge was not right in holding that the plaintiff would lose his right of pre-emption on account of B a partition that had taken place pending appeal even though the right of the plaintiff as a co-sharer to pre-empt was established in the trial court and not challenged by the vendees-defendants.
Judgment, page 4
From the headnote
Punjab Pre-Emption Act, 1913: Section IS(l)(b). Pre-emption suit-Plaintiff co-sharer and tenanf-Claim for pre-emp- tion held not lost merely because partition had taken place during pendency of appeal. In a suit filed by the appellant-plaintiff, who was a co-sharer and tenant, pre-emption right in respect of agricultural suit lands under Section lS(l)(b) fourthly and fifthly to the Punjab Pre-Emption Act, 1913 was claimed. The Trial Court granted partial relief but the First Appellate Court dismissed the plaintiffs suit. The High Court held that not withstanding the admitted position that
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