Rajasthan Pre-emption Act 1966 – Sections 5(1)(c), 6, 6(1)(ii) and 6(3) – Civil Procedure Code, 1908 (CPC) – Section 100 – Right of pre-emption – Whether a right of pre-emption was available to plaintiff who is alleged to be a joint owner in possession of the disputed courtyard. HELD plaintiff had a superior right of pre-emption by virtue of the provisions of Section 6(3) since he was the brother of the second defendant – First defendant has an inferior right of pre-emption as compared to plaintiff – Hence his claim cannot prevail over the superior right of pre-emption of plaintiff
SUPREME COURT OF INDIA DIVISION BENCH SURESH CHAND AND ANOTHER — Appellant Vs. SURESH CHANDER (DEAD) THROUGH LRS AND OTHER — Respondent ( Before : Dr. Dhananjaya Y. Chandrachud and…

