decision the Supreme Court primarily held that there can be no partial preemption because pre-emption is the substitution of the pre-emptor in place
delivery of possession of the pre-empted property in execution of the preemption order. That execution will have to be levied in the Civil Court ... present case the appellant pre-emptor, according to his case, obtained partial delivery of possession of the preempted property but could not get possession
Secretary To The Government Of West ... vs Ram Chandra Choudhury on 28 March, 1972
Equivalent
disputed property is held to be an undivided family dwelling house, partial occupation of the house by tenants would not divest the same ... given case, however, the Court may grant partition only and decline granting preemption as in Manik Lal Singh v. Gouri Sankar Shah where the plaintiff
National Investment Co. Ltd. vs Mohendra Nath Kundu And Ors. on 20 September, 1949
Equivalent