In Brief
Beni Prasad and his brother Kirorilal were joint owners of a disputed courtyard. When Kirorilal sold his house and the courtyard to Devicharan, Beni Prasad sought to invoke his right of pre-emption as the brother-co-owner. Devicharan, however, also had a pre-existing right in the common courtyard. The Supreme Court held that although Devicharan had an inferior pre-emption right under the Rajasthan Pre-emption Act 1966, Beni Prasad's right as the brother of the vendor was superior and excluded Devicharan's inferior right. Accordingly, Beni Prasad's pre-emption right validly accrued. The Court dismissed the appeal, affirming that pre-emption rights operate hierarchically and that a claimant with a superior relationship to the vendor prevails over those with inferior rights.
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