have also been sold to the
present petitioners/preemptees. Therefore, the partial preemption cannot
be granted in favour of the present opposite party ... preempted. Now a question
arise as to whether a partial preemption is maintainable as prayed for by
the preemptor. It would appear from the application
respondent No. 1 and thus
he was not entitled to seek partial preemption and the suit was
rightly dismissed by the trial Court.
3. Briefly ... holding that plaintiff/respondent No. 1 was
debarred from seeking a partial preemption. The trial Court had
relied upon the Sale Deeds executed prior
denied and it
was further pleaded that suit is barred in partial preemption. It was also
pleaded that the suit land was bought for valuable ... sharer,
co therefore, the suit is not bad for partial
preemption. Consequently, vide judgment and decree dated 14.12.1990,
the learned trial Court partly decreed
ground that it is hit by the doctrine of partial
preemption, the preemptors by the proposed
amendment have sought to explain that ... preemption on the ground that the same is bad for
partial preemption.
The preemptors by the proposed amendment
are neither withdrawing any admission nor they
alienated his share yet the suit would be bad
for partial preemption. The following questions have been
proposed:
i) Whether the impugned judgments and decrees ... remaining plaintiffs can be termed to be a suit for
partial preemption?
The only question which has been argued by the
learned counsel
claim must fail, because he cannot be allowed to claim a partial preemption.
7. It was pointed out by Mr. Justice Mahmood, in the case
sale ? OP Parties.
4. Whether the suit is bad for partial preemption ? OPD.
5. Whether the suit is not properly valued for the purpose
suffers from an error.
The learned court below held that partial preemption
ought not to be allowed, although it appears from the records
that preemption ... preemption in respect of the other plot
was allowed.
Prima facie, it appears that the preemption
application was not filed claiming partial preemption.
Let this
Mistry vs Smt. Rupali Momndal )26 on partial preemption.
16. It is further argued that since the prayer made in respects of all the plots ... facts of
the case before the learned courts below ,Therefore the
partial preemption ought not have been allowed ,ergo ,the
application for preemption is liable
prayer had been made in respect of Kutcha house and partial preemption cannot be granted. In the course of the trial, the plaintiff applied ... revision. The suit was ultimately dismissed on the ground that relief of partial pre-emption cannot be granted. During the pendency of the appeal filed
