pre emption. It was felt by them that the best method of defeating the pre-emptora' right of pro-emption was a gift deed ... pre-emption of the property covered by the two deeds, on the following allegations: The deed of 22-6-1943, was really a sale deed
even if there was a sale-deed obtained by the defendants-vendees, that sale-deed has never been pre-empted by the plaintiff ... pendency of the suit under a sale-deed which was still liable to pre emption on the date when the first Court passed its decree
ewaz is a gift for consideration, it may be a sale in reality but it is a gift in form. The pre-emptee took ... gift for a consideration. So it is a kind of gift. The exception provided in Section 8(2) is for a gift without any qualification
executed by the vendee in favour of another prospective pre-emption with an equal right of pre-emption and subsequent to the institution ... Devi, the original vendee, with a notice of pre-emption. She, in recognition of his right of pre-emption, transferred the house by executing
suit for possession by pre--emption of 18 bighas of land which had been given under an exchange deed by A to B in exchange ... deed of transfer in respect of which pre--emption was sought was in terms of gift. 12 Kanals 2 Marlas of land was gifted
within the meaning of the Mahommedan law of pre-emption and gave rise to the right of pre-emption. Mahmood J., observed in that case ... case however is under the Agra Pre-emption Act. Section 4(10) provides that a sale in the Pre-emption Act means a sale
terms of the deed, the learned Judge came to the conclusion that it was a sale deed and not a deed of 'hiba ... written deed is executed afterwards, the deed may not be admissible in evidence for want of registration; but the oral gift would be valid notwithstanding
pre-emption case, it was noted that the new Section 26-F which gave the right of pre-emption to co-sharer was not retrospective ... 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
defendant No. 1 and also Biswedars filed a suit for pre-emption on the ground of having a preferential right of purchase than defendants ... pre-emption suit.
In my view, the burden lies heavily on the plaintiff to establish affirmatively that the transaction which he wants to pre-empt
suit for possession or in the alternative for pre-emption. The facts may be shortly stated as follows :
8. Gaya Ram and Jaimangal, two brothers ... been obtained and that the plaintiff was not entitled to pre-emption. The relief for pre-emption or for sale being without legal necessity seems
