Case Note & Summary
The dispute arose from a pre-emption suit filed by Kishan Chand, a tenant, against the sale of property he occupied. The property was sold to the respondent, leading Kishan Chand to claim a right of pre-emption based on local customary law. The respondent contested the existence of such a right and argued that it was personal and not heritable. After Kishan Chand's death, his legal representatives sought to continue the suit, but the respondent opposed this, claiming the right to sue did not survive. The trial court initially allowed the application to substitute the legal representatives, but the High Court reversed this decision, citing a Full Bench ruling that deemed the statutory right of pre-emption non-heritable. The Supreme Court, however, found that the right of tenancy was heritable and thus the right of pre-emption, being incidental to it, was also heritable. The court overruled the High Court's decision, reinstated the trial court's order, and directed that the legal representatives be allowed to continue the suit. The court emphasized that the death of the pre-emptor during proceedings did not extinguish the right to sue. The appeal was allowed, restoring the trial court's order. The court also referenced previous cases to support its reasoning.
Headnote
A) Property Law - Pre-emption Rights - Heritability of Pre-emption Rights - Civil Procedure Code, 1908, Order 22 Rule 3 - The court held that the right of pre-emption, although not an interest in property, is heritable as it is attached to the right of tenancy, which is heritable. The legal representatives of the deceased tenant were entitled to continue the suit for pre-emption. (Paras 900-902)
Issue of Consideration
Whether the right of pre-emption conferred on a tenant by customary law is heritable and whether the legal representatives of a deceased tenant can continue the suit.
Final Decision
The Supreme Court allowed the appeal, reinstated the trial court's order, and directed that the legal representatives be brought on record to continue the suit.
Law Points
- Heritable rights
- Pre-emption
- Customary law
- Civil Procedure Code
- 1908
- Order 22 Rule 3
- Punjab Pre-emption Act
- 1913
- Right to sue
