In Brief
Two brothers, Beni Prasad and Kirorilal, were joint owners of a courtyard with a half share each. Kirorilal sold his house and the courtyard to Devicharan, a third party who had a right of passage through the common courtyard. Beni Prasad sued for pre-emption as the brother of the seller. Devicharan's heirs argued he also had a pre-emption right, making Beni Prasad's claim invalid. The Supreme Court held that under Section 5(1)(c) of the Rajasthan Pre-emption Act 1966, pre-emption rights accrue only to persons with superior rights. Beni Prasad's right as a brother was superior to Devicharan's right as a co-user of the amenity, so his pre-emption claim succeeded. The appeal was dismissed."
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