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Showing contexts for: pre-emption in Mangat Ram (Since Deceased) ... vs Ram Parkash & Others on 21 August, 2013Matching Fragments
(iv) Whether the suit is not within limitation?OPD
(v) Whether the suit is bad for partial pre-emption?OPD
(vi) Whether the plaintiffs are estopped from filing the present suit by their own act and conduct?OPD
(vii) Whether the sale is covered under Section 15(2) of the Punjab Pre-emption Act?OPD
14. learned counsel for the appellants has argued that the plaintiffs have claimed their superior right of pre-emption being co-sharers. This fact is not disputed that during the pendency of the appeal, the suit land was partitioned and the evidence to this effect was produced before the first Appellate Court by way of additional evidence. The learned first Appellate Court has brushed aside that evidence on the ground that the partition of joint land during the pendency of the appeals is of no consequence. The plaintiffs had to prove their superior right of pre-emption upto the date of decree of the trial Court only. He has further argued that Section 15 of the Act (as applicable to the State of Haryana) has been amended vide gazette notification dated 17.5.1995. As per the change in law, a co-sharer has no right to bring a suit for possession by way of pre-emption. The appeal is continuation of the suit as such the superior right of pre-emption is no more available to the plaintiff-respondents.
1. The pre-emptor must have the right to pre-empt on the date of sale, on the date of filing of the suit and on the date of passing of the decree by the Court of the first instance only.
2. The pre-emptor who claims the right to pre-empt the sale on the date of the sale must prove that such right continued to subsist till the passing of the decree of the first court. If the claimant loses that right or a vendee improves his right equal or above the right of the claimant before the adjudication of suit, the suit for pre-emption must fail.
3. A pre-emptor who has a right to pre-empt a sale on the date of institution of the suit and on the date of passing of decree, the loss of such right subsequent to the decree of the first court would not affect his right or maintainability of the suit for pre-emption.
4. A pre-emptor who after proving his right on the date of sale, on the date of filing the suit and on the date of passing of the decree by the first court, has obtained a decree for pre-