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
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
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
challenging the maintainability of the
preemption application on the ground of partial
preemption was disposed of upon holding that the same
will be considered
seeking
enforcement of the right of preemption by placing reliance on
clause No.18 of the registered partial partition deed
(hereinafter referred ... preemption. On perusal of EX.P3, it
clearly indicates that the plaintiff offered a genuine and
bonafide intention to exercise the right of preemption
herein filed the Suit in O.S.No.492 of 1991 seeking preemption
before the learned Sub Judge, Erode. The Suit was dismissed and restored ... partition
without seeking leave of the Court as the Suit for preemption had not been
restored. The Defendants in their written statement had clearly stated
herein filed the Suit in O.S.No.492 of 1991 seeking preemption
before the learned Sub Judge, Erode. The Suit was dismissed and restored ... partition
without seeking leave of the Court as the Suit for preemption had not been
restored. The Defendants in their written statement had clearly stated
Madhuben Nathabhai Nakum W/O ... vs Bhavan Jerambhai Nakum on 7 March, 2025
NEUTRAL CITATION
Unknown vs Gayatri Devi Joshi on 17 September, 2025
Author: Gautam Kumar Choudhary
Bench: Gautam
gave rise of
cause for the plaintiff to claim the right of preemption which has been sought
to be claimed ... plaintiff in its entirety but has
erred in rejecting the same partially. The impugned order is hence modified
and the application under Order 6 Rule
