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
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
right of preemption available to both the parties and for the convenient enjoyment of the properties by all the sharers. The partial restraint attached ... condition imposing a partial restraint on alienation is not void. Whether the restraint in a particular case is absolute or partial has to be gathered
right of preemption available to
both the parties and for the convenient enjoyment of the properties by all the
sharers. The partial restraint attached ... condition imposing a partial restraint on alienation is not
void. Whether the restraint in a particular case is absolute or partial has
to be gathered
Late
G.ShiVanagouc§;1ai'.~v owner, the sale is
valid partially: share in the property
sold and at the instance of non-
alienating ... share. Even though the
have obtained possessions through Court the
right of preemption is not lost or extinguished
maintainable without including all the joint family properties
and thereby suit for partial partition would not be maintainable.
16. The first appellate Court has chosen ... member of the
17
undivided hindu family to seek right of preemption of a undivided
share. The time limit to enforce a such right
possession of a piece of land in exercise of his
right of preemption against respondents 1 and 2 alleging
that they had purchased the land ... impleaded and since on that account the suit
had become one for partial pre-emption, it was liable to be
dismissed. On June
Mrs.S.Sangeetha vs Mr.R.Krishnamurthy on 31 August, 2021
Author: V.Parthiban
Bench
The Limitation Act, 1963
LAW COMMISSION 'OF INDIA I
EIGHTY-NINTH REPORT
ON V
Limitation Act
"€'.0NFlDENTI.M..---H01: for l't:blIcIEnn".
LAW COMMISSION
