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
pre-emption of the co-sharer
subsists. The learned trial Court is also of the opinion that if the petitioner
had not sought to pre ... gift in
that case claim of pre-emption does not arise. Here the impugned plot was
gifted by their predecessor-in-interest in favour
impugned deed is
3
not a deed of transfer for valuable consideration, but is a deed of
gift.
Mr. Ghosh further submits that in view ... reiterated
that the pre-emption application is not maintainable and the
Deed of Transfer in question is a Deed of Gift and, therefore, the
learned
than
the co-sharer of a raiyat, the pre-emption is permissible. Therefore, the
application for pre-emption is maintainable even when a co-sharer ... pre-emptor and
subsequently sold the remaining portion to a pre-emptee, the pre-emptor
does not acquire any right of pre-emption. There
Shri Ashok Kumar and Ashwani Kumar had
gifted the land to the authorities through registered gift deeds.
5. The Superintendent of Police ... record further
reveals that as many as 18 gift deeds were registered by the
.
Tehsildar, Kumarsain on March, 2006, which included the gift deeds
executed
appreciate that in respect of land which is bastu in nature pre-emption
application under Section 8 of the West Bengal Land Reforms ... view of the application for pre-
emption of Section 8 of the West Bengal Land Reforms Act, pre-emption of
bastu land is also maintainable
The C.G. Land Revenue Code, 1959
CHHATTISGARH
India
The C.G. Land Revenue Code
Shifa Housing (P) Ltd vs /129 on 28 April, 2016
2026:MHC:175
BEFORE THE
Shri Kailash Varma vs Shri Dushyant Varma on 7 January, 2016
Author: T. Nandakumar Singh
exchange in pre-emption suit and
reiterated the stand that once the findings of exchange had
attained finality in a suit for pre-emption, those ... party in earlier suit for pre-emption . No
constructive res judicata was applicable. Judgment and decree
dated 30.10.1976 passed in pre-emption suit was held
