In Brief
This appeal challenges a decision denying pre-emption rights to Beni Prasad regarding a disputed courtyard. The Supreme Court affirmed that pre-emption rights are disfavoured in law and do not override an owner's right to freely alienate property. The Court held that where both the plaintiff and another party claim pre-emption rights, the superior right (here, the brother of the second defendant under Section 6(3) of the Rajasthan Pre-emption Act) prevails. Concurrent findings of the Trial Court, first appellate court, and second appeal were upheld. The appeal was dismissed with no order as to costs.
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