VidhiSangh

Supreme Court of India · 13/10/2020

RAGHUNATH (D) BY LRS. versus RADHA MOHAN (D) THR. LRS & ORS.

[2020] 14 S.C.R. 462 · 2020 INSC 590

AI-generated headnote. Verify against the judgment before relying on it. Paragraph numbers refer to the judgment.

Summary

A pre-emptor who waived the right when the property was first sold after the Rajasthan Pre-Emption Act became operative could not revive it on a later sale. The Court rejected a recurring right for every successive transaction and restored dismissal of the pre-emption suit as barred by limitation. Its ruling concerns the same claimant’s surrendered right over the same property, rather than extinguishing every other person’s independent entitlement.

Issues

  1. Whether a claimant who did not exercise pre-emption on an earlier post-Act sale could invoke a fresh limitation period on a subsequent sale.

Provisions considered

Held

Result

Appeal allowed with parties bearing their own costs. High Court order set aside; trial court’s order dated 1 February 1988 and first appellate court’s order dated 30 March 1989 restored, ending the suit as barred by limitation.

Judgment PDF: Supreme Court of India, [2020] 14 S.C.R. 462.