Supreme Court of India
Suresh Chand and Anr. v. Suresh Chander (d) Thr Lrs. and Ors.
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What the Court ordered
For the above reasons, we are of the view that the concurrent findings of the Trial Judge, the first appellate court and in second appeal, have proceeded on a correct interpretation of the provisions noticed above.
Judgment, page 12
From the headnote
Rajasthan Pre-emption Act 1966: ss. 6, 5 – Right of pre- emption – When accrues – Held: Right of pre-emption is a preferential right to acquire the property by substitutin g the original vendee – Transfer or sale of an immovable property is a c ondition precedent to the enforceability of the right – Right of pre -emption is attached to the property and only on that footing it can be enfor ced against the vendee – Though the right is recognised b y law, yet it can be rendered imperfect by the vendor when he tra nsfers the property to another person who also has a superior right to pre-emptor –
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