that in order to succeed in an application for pre-emption, the right of the pre-emptor must exist not only at the time ... application for pre-emption as another co-sharer of the plot on the basis of the subsequent deed of gift even without taking
appeal holding that the transaction was a gift and as such, it was exempted from pre-emption under Sub-section (2) (b) of Section ... simple; and, therefore, the transfer under such a deed, was exempted from pre-emption under the exception in Sub-section (2) (b) of Section
plot No. 2314 (Ext. A) and so the question of pre-emption of the same by the petitioners does not arise. Plot ... virtue of a deed of gift dated 28.8.91 from one Gopal Ch. Pradhan & Gurubari Paira (Ext. B). The right to pre-empt must exist
contest against any third party.
(ii) When the right of pre-emption as in Muslim law or under Section 26-F of the Bengal Tenancy ... deed is subsequently registered attachment will not prevail over the said deed which also takes effect from its execution.
(v) A deed of gift duly
suit based on such a demand of the right of pre-emption was premature and must, therefore, fail. Similarly, in Radhakishan L. Toshniwal v. Shridhar ... through a registered deed, a suit filed before the sale deed is executed is premature as the right of pre-emption under the statute
application made by him claiming to exercise the right of pre-emption under Section 20 F, Bengal Tenancy Act it appears that one Fulsom Bewa ... execution and registration of the deed would have been sufficient to entitle the landlord to his right of pre-emption. But he says possession
pre-emptors are the petitioners in this revisional application before this Court.
3. The application for pre-emption was filed on the grounds ... gifted 02 satak of land out of 04 satak of land in the case holding in favour of the petitioners herein by a registered deed
Title Suit No. 29 of 1970 thereby rejecting an application for pre-emption under section 4 of the Partition Act.
2. There is no dispute ... having molly share. The mother by a registered Deed of Gift dated August 23, 1968 gifted her share to her two daughters, who were plaintiffs
under Section 8 of the West Bengal Land Reforms Act for pre-emption of Plot No. 1333 of mouja uttar sonamui under Khatian ... registered gift deed dated 17.10.81. The two brothers sold the properties under the registered sale deed dated 7.1.84 to the revisional petitioners. The pre-emptor
sridhan and had been gifted by her to the defendant by a registered Deed of Gifts dated 30th March, 1990. The defence evidence about separate ... 1672/2360 of Khatian No. 289 which were acquired in a pre-emption proceeding admittedly by the plaintiffs 1 & 2, the plaintiffs case
