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
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
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
challenging the maintainability of the
preemption application on the ground of partial
preemption was disposed of upon holding that the same
will be considered
ground that it is hit by the doctrine of partial preemption.
The preemptors preferred the connected appeal being Miscellaneous
Appeal No. 24 of 2013 which ... said application, holding that it is barred by doctrine of
partial preemption.
The preemptors by the proposed amendment are seeking to include the
said left
framed an
additional issue namely "whether the case is barred
by partial presumption" with a direction upon the
learned Trial Court to decide ... written
statement, pre-emptee has not taken the plea of
partial preemption", the learned Trial Court may not
be correct in concluding that
record.
The question raised in the instant revisional application is,
whether partial preemption lies, in the sense that the vendor sold
only a portion
further
contended that the application for preemption is barred as the petitioners have
prayed for partial pre-emption, which is not permissible ... December 2016 was
pleased to allow the said application for preemption by holding that the
petitioner herein is a co-sharer in respect
partially.
That question cannot but be answered by saying that the
plot no.59 was conveyed fully. Therefore the right of
preemption is not available
