CASE ANALYSIS: SANT RAM v.

LABH SINGH - Jus

Corpus
https://www.juscorpus.com/case-analysis-sant-ram-v-labh-singh/

0
By Jus Corpus Blogs January 24, 2022

FACTS OF THE CASE

In the following case, despite finding that there was a general custom of
pre-emption in the area and that the respondent had a right to pre-empt
under that custom, the judge dismissed the respondent’s suit because the
sale did not include a strip of land 3 feet 6 inches wide between the
respondent’s house and the property sold. The District Judge granted the
respondent’s appeal. The appellants took their case to the High Court but
were unsuccessful due to the Division Bench’s response to the question. The
Division Bench concluded that “Article 19(5) of the Constitution[1]” saved
the legislation pertaining to vicinage pre-emption and that it was not
invalid under “Article 13 of the Constitution.[2]” The appellant used this
Court’s ruling in “Bhau Ram v. Baijnath”[3]to argue that pre-emption on the
basis of vicinage could not be asserted.

In their reply, the respondents argued that –

Bhau Ram’s case involved a legislative measure, whereas the present

case arose from custom, and thus was distinguishable, and

Article 13(1) dealt with “all laws in force, and custom was not included
in the definition of the phrase “laws in force” in “Clause (3) (b) of Article
13.

ISSUE(S)

The issue that stood in front of the court was- “Whether after coming into
operation of the right of pre-emption is contrary to the provisions of Article
19(1) (f) read with Article 13 of the Constitution, or is it saved by clause (5)
of Article 19?”

ANALYSIS

Considering the relevant sections mentioned above, “Article 19(1)(f) of the

Constitution” states that “All citizens shall have the right to acquire, hold
and dispose of property” and “Article 13 of the Constitution” describes “the
means for judicial review.” It makes the Indian state responsible for
respecting and implementing basic rights. At the same time, it gives judges
the authority to declare a law or conduct void if it violates basic rights.
“Article 19(5) of the Constitution,” says “Nothing in the above clauses shall
prevent the state from making any laws in the interests of the general
public”. The majority of the Court found that the legislation of vicinage pre-
emption placed unjustified limitations on the freedom to acquire, retain,
and dispose of property granted by “Article 19(1) (f) of the Constitution” and
was thus unconstitutional. It was argued that it imposed restrictions on
both the vendor and the vendee, with no benefit to the general public, and
that the only justification given for it, that it prevented people of different
religions, races, or castes from acquiring property in areas populated by
people of other religions, races, or castes, could not be considered
reasonable in light of “Article 15 of the Constitution[4]”. If this decision
holds true, the lawsuit must be won.

The respondent’s attorney claims that the previous case included a

legislative measure, but the current issue of pre-emption is based on
tradition. He cites the Privy Council’s decision in “Digambar Singh v. Ahmad
Said Khan[5]”, in which the Judicial Committee outlines the early history of
the law of pre-emption in Indian village communities, pointing out that the
law of pre-emption has its roots in Mohammedan law and was sometimes
the result of a contract between village sharers. He claims that this Court’s
decision does not apply to the current issue and that it is essential to
evaluate the legality of the vicinage-based customary rule of pre-emption.

CONCLUSION
It was held that- “In so far as statute law is concerned Bhau Ram’s case
decides that a law of pre-emption based on vicinage is void. The reasons
were given by this Court to hold statute law void apply equally to a custom.
Bhau Ram v. B. Baijnath Singh followed. Digambar Singh v. Ahmad Said
Khan referred to” and “Custom and usage having in the territory of India
the force of law are included in the expression all laws in force”. This
appeal is permitted for the reasons stated, and the decision and decree of
the High Court in the second appeal are reversed, and the respondents’
claim is dismissed as a result. There will be no costing order. I have arrived
at the conclusion that the more desirable interpretation is that the pre-
emption legislation, including the clause conferring a right to pre-empt on a
“Shafi-e-jar (a person who has a right of pre-emption)”, remains lawful
even after the Constitution takes effect. It does restrict the freedom to
acquire and keep the property, but the restriction cannot be claimed to be
irrational or not in the best interest of the public. We make it plain that if
the sale deed is eventually signed, the respondents may seek pre-emption of
the suit property if they are authorised to do so under the law.

Author(s) Name: Rithik Gullaiya (Symbiosis Law School, Noida)

References:

[1]The Constitution of India, 1950, art. 19(5)

[2]The Constitution of India, 1950, art. 13

[3]Bhau Ram v. Baijnath1961, AIR 1327, 1962 SCR (1) 358

[4]Article 15, Constitution of India, 1950

[5]Digambar Singh v. Ahmad Said Khan(1915) 17 BOMLR 393

law
Jus Corpus / About Author

Related Posts
LAWS MADE FOR THE CENSORSHIP OF MOVIES IN INDIA

Films, social media, and the press is considered as the source of

entertainment and medium among the people. Over the period there has
been a lot of development and growth in the area of science and technology
and they have been contributing towards

3
29 Dec 2021
IMPACT OF WRONGFUL INCARCERATION

In India, under trial prisoners makeup approx. 70% of the prisoner

population. All these under trial prisoners are innocent in the eyes of the
law. According to the information available on the National Judicial Data
Grid (NJDG), a total of 43.90 million cases are pending in court across the
country. The

0
14 Sep 2021
THE GRAMMAR OF CASTE: ECONOMIC DISCRIMINATION IN
CONTEMPORARY INDIA

The introduction of the book ‘The Grammar of Caste’ unfurls with the
author describing the commemoration of the 70th Independence Day of
India from the British colonialism. Little did the Prime Minister of the
country hoisting the national flag at the Red Fort had the thought that a
large

2
19 Sep 2021
HUMAN AT SALE: ANALYSIS OF HUMAN TRAFFICKING

Authored by: Deepak Kumar Chaurasia (Student, Chandigarh University).

1
27 Jun 2021
ONGOING ISSUES IN LAKSHADWEEP

Authored by: Umra Khan (Student, Jamia Millia Islamia, New Delhi).

5
13 Jun 2021
ANALYSIS: TRIBUNAL REFORMS BILL 2021

The Parliament has recently passed the Tribunals Reforms Bill 2021, which
has provisions relating to the tenure of members of tribunals, age criteria
for appointment, and search-cum-selection committee for tribunal
appointments etc., amidst the furore in parliament by replacing the
Tribunal

1
16 Nov 2021
PAVING A WAY FORWARD — SAME-GENDER MARRIAGE LAW

Marriage is considered a formal union of two individuals and an institution

legitimizing reproduction and family life. In Indian Society, it confers the
couple to live and reproduce and pragmatically become a part of the
society. Since It is presumed to be the legitimization of physical

1
30 Sep 2021

PURPOSE OF SENTENCING: TO DETER OR TO REFORM

The idea behind punishment is to provide justice to the aggrieved and also
to preserve protection and security in society. Punishing an offender is not
just to embarrass him, but there is a greater aim to be accomplished and
that is to create a peaceful community. Crime is universal in society and is

0
14 Jan 2022

RAJASTHAN’S CHILD MARRIAGE REGISTRATION BILL: THE CONTROVERSY

The Rajasthan government is in the eye of the storm because of a recently

passed child’s marriage registration bill. This is something which on
hearing for the first time seems like that it is trying to legalize the minor’s
marriage but in reality, it is not. Let’s take a deep dig into it and find out
what it

0
26 Nov 2021

RELATION BETWEEN BAR AND BENCH – A CRITICAL ANALYSIS

The main duty of judiciary is dispensing justice and this process involves
functioning of two wheels named Bar and Bench which act like two wheels
of the vehicle. Functions of both are supplementary and complementary to
each other. Mutually respecting is mandatory to maintain

14
31 Aug 2021

ADVERSARIAL AND INQUISITORIAL SYSTEM OF ADJUDICATION

It is derived from the word Adversary, which can be described as ‘one’s

opponent in a contest, conflict, or dispute’. It got its genesis in England
around the 13th century, and it was developed

5
01 Feb 2022
JUSTICE B.V NAGARATHNA, STEPPING TOWARDS BECOMING FIRST
WOMEN CJI

Chief Justice of India N.V. Ramana administered the oath of allegiance to the
Constitution to nine fresh Supreme Court judges, bringing the number of
vacancies in the top court down to just one. On multiple levels, the event
was momentous. It was the first time that nine Supreme Court justices

4
14 Sep 2021

PROFESSIONAL ETHICS OF LAWYER IN VIRTUAL WORLD

Authored by: Riya Singh (Student, NMIMS, Bangalore).

1
19 Jun 2021

NEED FOR RAPE VICTIMS TO BE “PERFECT”

Rape laws are rooted in the landscape of misogyny where judges tend to
blame the victim

7
02 Jun 2021
SITTING ON THE FENCE – 2021 AND THE CASTE SYSTEM

The socially constructed caste system in India has always been an issue of
paramount importance as well as contention. The caste system has
continuously evolved with newer and subtler forms of discrimination
emerging in the modern era. The system and its discriminatory practices
assert their

1
23 Nov 2021