exercise her right of pre-emption in respect of half share in the suit properties covered by Gift Deed dated 25.5.1964, executed by defendant ... contract or agreement for gift or agreement to gift. In case of a gift, Section 126 provides that gift may be revocable or suspendable
property in dispute on the basis of the
registered gift deed and as rectified by a rectification
deed.
6. Once the parties were before ... have exercised his power under Section 269 of the
Act and basically pre-empt or frustrate the
proceedings pending before the Civil Court
appears there was discrepancy as to measurement
as per the original gift deed dated 10.2.1953. In that view of the
matter, trial court rightly held ... property was under
confusion having regard to the extent in the gift deed and the
extent of property that was made available. The requirement
apply to land, coming into possession of person on gift, etc.--
Where on account of gift, purchase assignment, lease, surrender or any other kind ... otherwise regulates sales of agricultural lands and creates a right of pre-emption in favour of the tenant occupying it. Sub-section (8) of that
conclusion that there is no justification for passing an order of pre-emptive purchase only because there is a different purchaser by a different agreement ... make an order of pre-emptive purchase in this case for the following reasons :
Past sale instances do not strongly justify pre-emptive purchase
regard to right to pre-emption. Their Lordships had to examine 'with reference to the right of pre-emption claimed, as to what ... gift duly executed and attested, and the gift has been accepted by the donee, the donor has no power to revoke the gift prior
sell in favour of a private individual, the Revenue orders the pre-emptive purchase. Therefore, the question of affording an opportunity of hearing does ... seek for rectification of mistakes and, on that score, the order of pre-emptive purchase cannot be held to be bad.
20. The question
wanted by others who might have a right of pre-emption ....."
Further, the learned counsel for the appellants relied on the decision
N Raghavendra Murthy vs State Of Karnataka on 19 June, 2020
Author: S.Sunil Dutt
Rajasekhara Murthy, is that the settlement deed should be understood as making a series of gifts by the father in favour of his sons ... Pakapattiram" and judging from the clause relating to pre-emption, in addition to other circumstances, the court came to the conclusion that the father
