In Brief
The Supreme Court considered whether a pre-emptor can claim the right of pre-emption under the Rajasthan Pre-Emption Act, 1966 for each subsequent sale of property, or only once. The plaintiff sought to claim pre-emption over sales that occurred decades after earlier sales had not been challenged. The Court held that pre-emption is a weak, one-time right of substitution, not a recurring right. Once waived or not exercised upon the first opportunity after the Act came into force, the right cannot be revived for subsequent sales. Failure to challenge an earlier sale bars exercise of the right in respect of later transactions, as waiver under Section 9 of the Act is absolute. The appeal was allowed, setting aside the High Court's judgment and upholding the trial court's finding that the suit was barred by limitation."
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