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PETITIONER: RADHAKISAN LAXMINARAYAN TOSHNIWAL
Vs.
RESPONDENT: SHRIDHAR RAMCHANDRA ALSHI AND OTHERS.
DATE OF JUDGMENT: 23/04/1960
BENCH: KAPUR, J.L. BENCH: KAPUR, J.L. SINHA, BHUVNESHWAR P.(CJ) GAJENDRAGADKAR, P.B. SUBBARAO, K. WANCHOO, K.N.
CITATION: 1960 AIR 1368 1961 SCR (1) 248 CITATOR INFO : RF 1961 SC1747 (15) R 1969 SC 244 (11,12) RF 1991 SC1055 (1,5)
ACT: Pre-emption--Equity if in favour of pre-emptor--Whether Mohamedon Law or personal law can override provision of statute law--To defeat a claim of Pre-emption, whether it is a fraud, Berar Land Revenue Code, 1928.
HEADNOTE: The vendors executed an agreement for sale in respect of a certain survey number which according to the agreement was to be diverted to non-agricultural purposes and thereafter a sale deed was to be executed. In pursuance to the said agreement the vendors applied for diversion which was sanctioned subject to the payment of premium and other conditions. Before the sale deed was executed respondent No. 1 Sridhar brought a suit for pre-emption against the appellant on the ground that he had a co-occupancy in the survey number in dispute being the owner of the adjoining survey number. The suit was decreed and on appeal the High Court inter alia held that the transaction was a sale which was subject to pre-emption and that the failure to ...