Supreme Court of India

Fazle Rab v. Mohd. Yakeen

Neutral citation
Reported as [2002] 1 S.C.R. 833
Bench Syed Shah Mohammed Quadri and S.N. Phukan JJ.
Decided 5 February 2002

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

We hold that the plaintiff being a co-sharer has acquired right of pre-emption over the suit property and, therefore, is entitled for a decree.

Judgment, page 6

From the headnote

Oudh Lands Act, 1876-Sections 7(b) & 8-U.P. Urban Areas 7.amindari Abolition and Land Reforms Act, 1957-Right of pre-emption-Property brought within the municipal limits of a town-Transfer of the property through sale-Claim of the right being a co-sharer of the property­ Availability of-Held, the customary right of pre-emption existed for a long time and is available in view of recognition by the courts-On facts. the right existed with the co-sharer on the date of the transfer of the property-Right not ceased to exist after the latter enactment. One S transferred the suit property to his wife

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