Question

Pre-emption on the ground of Shafie-i-Jar was declared unconstitutional in

• A. Bhau Ram Vs Baij Nath
• B. Govind Dayal Vs Inayatullah
• C. Bhagawan Das Vs Chetram
• D. Ram Saran Lall Vs Mst. Domini Kuer

Hint:

Right of pre-emption based on neighborhood was struck down as unconstitutional being unreasonable restriction on property rights.

Answer 1

The Correct Option is A

Step 1: Understanding Pre-emption.
Right of pre-emption allows a neighbor or co-sharer to purchase property in preference to others. Shafie-i-Jar (right of neighborhood) was one ground under Muslim law.

Step 2: Judicial ruling.
In Bhau Ram Vs Baij Nath (AIR 1962 SC 1476), the Supreme Court declared Shafie-i-Jar unconstitutional as it violated Article 19(1)(f) (right to property, before its repeal).

Step 3: Conclusion.
Therefore, the correct case is (A).