pre emption. It was felt by them that the best method of defeating the pre-emptora' right of pro-emption was a gift deed ... pre-emption of the property covered by the two deeds, on the following allegations: The deed of 22-6-1943, was really a sale deed
suit property and filed a suit for claiming their right of pre-emption on 10-9-1987 in the trial Court with the case ... present appellants Mohal Lai and Prem Bai filed the suit for pre-emption, which came to be rejected by the trial Court
executed only to overcome the
rigors of pre-emption did not find favour holding that pre-
emption was a weak right and could be defeated ... after institution of the pre-emption
proceeding. In the present case the sale deed was executed on
24.07.1996 and the Gift deed executed
that the application for
pre-emption was filed on 20.12.2005, the land in question was
transferred through deed of gift in favour of his wife ... decided
that whether the right of pre-emption can be defeated through
the execution of deed of gift as in the present case the deed
pre-emption was not
maintainable because the donee was not made a party to the pre-
emption proceeding. No step was taken by the pre ... pre-
emption application in respect of subsequent sale deed which was
not registered on the date of filing of an application for pre-
emption.
Learned
court in presence of parties
dismissing the pre-emption application, clearly holding that,
as the deed of gift was registered on 08.06.2000 and the first ... totally different. Here, the DCLR had allowed the pre-
emption application holding the gift deed to be fraudulent,
merely because, it amounted to be taking
that on the date of the filing of the pre-emption cases; the gift deed was not in existence and the lands which were transferred ... disputed land. Further as on date of filing of pre-emption application deed of gift was not registered and claim of preemption based
submission that the pre-
emption application filed by the appellant
had to fail on account of subsequent
transfer by deed of gift would again require ... during the pendency of the pre-emption
application that the deed of gift was
registered on 27.06.2000 and thereafter, the
objection was raised by respondent
plaintiffs had no longer a subsisting right of pre-emption as soon as the deed of gift was made and that as this has taken ... pendency of a suit for pre-emption acquired a share in the mahal by virtue of a deed of gift and became a cosharer. After
main defence was that, the deed in question was not a deed of sale but a deed of gift without consideration and that the alleged ... executed this deed of transfer in favour of Fazal Husain. Although, therefore, the deed was styled ostensibly as a deed of gift, there
