Shri Rameshwar Prasad (D) By Lrs VS. Shri Basanti Lal

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Shri Rameshwar Prasad (D) By Lrs VS. Shri Basanti Lal

The Judgement Information System REPORTABLE

IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO. 157 OF 2001 Kumar Gonsusab & Ors.

VERSUS Sri Mohammed Miyan Urf Baban & Ors JUDGMENT

TARUN CHATTERJEE, J.

1. This appeal is directed against the judgment and decree dated 5th of November, 1998 passed by the High Court of Karnataka at Banglore in R.S.A. No. 831/1996, by which the second appeal filed by the respondents was allowed and judgment and decree of the courts below were set aside and the suit was decreed with costs.

2. The moot question that was raised by the parties before the courts below as well as before the High Court was - whether the law of pre-emption based on vicinage is void as held by this Court in the...

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