Clarified Right of pre-emption and its Nature and scope. The plaintiff (Beni Prasad) had a superior right of pre-emption by virtue of the provisions of Section 6(3) of Rajasthan Pre-emption Act 1966, since he was the brother of the second defendant. Devicharan has an inferior right of pre-emption as compared to Beni Prasad. Hence his claim cannot prevailover the superior right of pre-emption of Beni Prasad.

 

(2020) 4 SCC 643- Suresh Chand and Another v Suresh Chander  and others

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