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
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
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
suit land; and stating that the suit is bad for
partial preemption.
5. On the basis of pleadings of the parties, following issues
were framed ... maintainable in present form?OPD
3. Whether the suit is bad for partial pre
pre-emption?OPD
4. Whether the plaintiff has not deposi
deposited
included in the suit and, therefore, the suit is bad for partial preemption.
I have heard learned counsel for the petitioner and perused the
case ... wants to raise only legal plea that the suit is bad for partial
partition and, therefore, proposed amendment of written statement should be
allowed
regard to the legal objection that the suit is bad for partial preemption
is essential and necessary and does not alter the nature ... preliminary objection reads thus:-
"That the present suit is bad for partial pre emption. Without
prejudice of basic plea of the defendant
vendors and Sarmukh Singh son of Harnam Singh instituted the suit for preemption, out of which the present appeal arises, the first plaintiff claiming ... plaintiff means that he is claiming for himself only partial pre-emption. The right of preemption being a right of substitution for the entire bargain
preliminary objections. According to them, the suit is not
maintainable for partial pre-emption. It is also claimed that custom
of pre-emption ... extension of Punjab Pre-emption Act, 1913
and accordingly, the suit for preemption does not lie. In reply on
merits, the description of the land
Court of first
entitled to was restrained from his possession and
instance preemption of sale interfering in the defendant was
executed by peaceful possession ... Appellate
entitled to suit land was held to allowed and suit
Court preemption of sale be of trespasser and was dismissed.
executed by defendant/appellant
petition.
2. Naurang Singh, respondent herein filed a suit for possession by preemption against Pala Ram petitioner in respect of land measuring 1 Kanal ... written statement to the effect that the suit was bad for partial pre-emption. Aggrieved by the judgment and decree, Pala Ram defendant preferred appeal
