pre-emption. Muslim jurists recognise the validity of devices to prevent pre-emption. The legitimacy of an act which defeats pre-emption by employing ... custom of pre-emption and that they therefore wanted a safeguard in the shape of an inflated sale price against pre-emption. The counter suggestion
rights in the cases of partition, cancellation of sale deed, gift deed, right of pre-emption etc. have to be first decided by the competent ... claim right over the mortgaged property like cancellation of sale deed, gift deed or pre-emption rights etc., which rights are acquired under contracts
institution of the pre-emption application, was not the subject
matter of challenge in the pre-emption proceeding. The
subsequent transferee (writ petitioner-respondent ... been registered before filing of the
pre-emption application, in absence of which the pre-emption
application itself not maintainable. Reliance was placed
pre-emption of private respondents. There the
petitioner has also raised the issue, pre-emption is a weak right,
in a situation where the gift ... pre-emption can be defeated by
legitimate means that too in a case when the gift was executed
before filing of pre-emption application
subsequent
application for pre-emption; (2) second sale deed
being executed and registered after the filing of the
application for pre-emption. In such ... pre-emption application in respect of subsequent sale deed, if the
same was not registered on the date of filing of the pre-emption
application
been made much prior to the pre-emption application, the
pre-emption application itself was not maintainable as
against the doner with no right ... pre-emption application is filed. There is no
automatic pre-emption. A person may choose to pre-empt, a
person may not choose to pre
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 ... gift deed for claiming as boundary man of the disputed land. Further as on date of filing of pre-emption application deed of gift
claiming pre-emption on the basis of being
adjoining raiyat. It appears, that the
after the notices of the said pre-emption
application was served ... pre-emption would
be enforced by the appellant- pre-emptor.
The D.C.L.R vide his order dated 26.07.2000
had dismissed the pre-emption
pre-emption acquired a share in the mahal by virtue of a deed of gift and became a cosharer. After the deed of gift ... pre-emption even though the person who contested the suit on the strength of the deed of exchange had a superior right of pre-emption
deed of gift; hence the suit for pre-emption.
30. Both the defendants contested the claim. The main defence was that, the deed in question ... deed of sale but a deed of gift without consideration and that the alleged contract of pre-emption was invalid and could not be enforced
