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
basis of the claim
for the pre-emption, namely, the oral gift set up
by the pre-emptor vanishes, then the claim on the
basis ... avoid the claim of pre-emption
with respect to such transfer of land by a gift, the gift deed
is required to be registered
pass decrees in suit for pre-emption
and said:
" On and from the date of commencement of
the Punjab Pre-emption (Repeal ... Section 4 of the Punjab Pre-emption (Repeal) Act,
1973, the Punjab Pre-emption (Repeal) Act , Ordinance,
1973, was repealed. There is no doubt that
suit of the
plaintiff, Om Parkash, for possession by way of pre-emption to the extent of
1/2 share in the property as fully ... urban property situated in a
town, where the Punjab Pre-emption Act is not applicable. It was further
pleaded that the suit is not within
transaction, the pre-emption application
would not succeed with respect to the lands which
had been transferred by way of deed of gift before ... claim of pre-emption.
Learned counsel vehemently argued that
even before registration of the sale deed the aforesaid
deed of gift has been executed. However
observed that in a suit for pre-emption, the pre-emptor is
required to prove his right of pre-emption on three dates ... partitioned, then the pre-emptor looses his right to pre-
empt the same, but if the pre-emptor establishes his right of pre-emption
invoked their power
under Section 269UD of the Act and exercised their pre-emptive right
to purchase the two properties vide orders passed on date ... asked to
produce receipts for payment of taxes, original sale deed/lease deed
etc. to enable the Chief Commissioner to tender payment, but no reply
passed
so far. While so, Meenakshi Amma executed Ext.B3 gift
deed in favour of the defendant, gifting her < share ... share sold to an
outsider. Thus before the right of pre-emption,
under Section 4 , is exercised the conditions laid
down therein have
allegation in the complaint that on 09.09.1970,
Vasu Dev executed a gift deed in favour of Ram Parshad and mutation
no.9055 was entered ... challenged by Ram Parshad through his son Jaspal Singh by filing pre-
emption suit on 25.02.1971, which was decreed in favour of Jaspal Singh
pre-emption.
Learned counsel for the appellant has
contended that the authorities below have concurrently
held that the land was not subjected to pre-emption ... Collector, Gaya. The
plea for pre-emption taken by the appellant herein is
2
that in the sale deed itself it is mentioned that
