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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

defendants was that the suits by the plaintiffs offended the rule of partial pre-emption and the second point taken was that the sale ... claims were not bad on account of the defect of partial preemption and that the sale was a sale of a proprietary interest

learned Munsif of Bansi by which he partially decreed a claim for preemption. The relevant facts are as follows: 2. On 14-9-1944, Hari

This is an appeal by an unsuccessful pre-emptor whose suit for preemption has been dismissed by the Courts below. The facts briefly are these ... questions whether the custom of preemption existed in the eastern section of Shamli and whether the principle of partial pre-emption came in the plaintiff

gift was valid and the plaintiff had lost her right of preemption in respect of the house properties; and they further pleaded that ... prevention of partial pre-emption. The latter portion of it says: No suit shall lie for enforcing a right of preemption in respect

suit for preemption. There was no plea in the written statement that the suit was bad for partial pre-emption. This plea was sought

altogether ignored and that the plaintiff is bound to state instances of preemption in that very muhalla. At the same time, it is possible that ... which has finally decided by the High Court in 1921, which was partially endorsed by the District Judge; but the actual finding of the High

Section 40 of the Transfer of Property Act. When a covenant of preemption does not amount to any interest present or future in immovable property ... would be void altogether and not only partially invalid. 59. The period of 30 years fixed for the ordinary settlements is after

property, in mahal Baqi Manda, disqualified themselves from obtaining any decree or preemption in respect of this property. We have already adverted to the fact ... ought to have been dismissed on the ground that no suit for partial pre-emption, is maintainable. 9. We are of opinion that this plea

entire claim must fail, because he cannot be allowed to claim a partial pre-emption. 7. It was pointed out by Mr Justice Mahmood ... that the principle of denying the right of preemption except as to the whole of the property sold is that by breaking up the bargain