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1990 Supreme(SC) 500

K.JAGANNATHA SHETTY, R.M.SAHAI
Indira Bai – Appellant
Versus
Nand Kishore – Respondent


Advocates:
C.M.Lodha, H.M.SINGH, M.Qamaruddin, R.S.Yadav, S.K.Ghosh

JUDGMENT

R.M. SAHAI, J.:— Is estoppel a good defence toarchaic, AIR 1986 SC 859, Atam Prakash v. State of Haryana, right of preemption which is aweak right, AIR 1958 SC 838, Bishen Singh v. Khazan Singh, and can be defeated by any legitimate method. AIR 1960 SC 1368, Radha Kishan v. Sridhar.

2. Barring High Court of Rajasthan and erstwhile Mewar State, 1947 Mewar Law Reports 36, Jethmal v. Sajanumal, most of the other High Courts, namely, Allahabad, ILR 39 All 127, Naunihal Singh v. Ram Rati Lal, Oudh, AIR 1947 Oudh 81, Ram Rathi v. Mt. Dhiraji, Ajmer, AIR 1952 Ajmer 26, Gopinath v. R. S. Nand Kishore, Bhopal, AIR 1953 Bhopal 26, Abdul Karim v. Babu Lal, and Lahore, AIR 1938 Lab 273, Kanshi Ram Sharma v. Lahori Ram, have answered the issue in the affirmative. The Privy Council, AIR 1929 PC 259, too, applied this principle to non-suit a pre-emptor who knew that the property was in the market for long but offered to purchase only one out of many blocks. It held:

"Assuming that the prior completed purchase by the appellant would under other circumstances, have given him the right of pre-emption in respect of the blocks in suit, he must be taken by his conduct to have waivea this right,








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