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
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
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
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
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
know
that in the year 1997, the petitioners created a false gift deed on
basis of which they want to deprive the complainant ... decision of
partition Suit has filed a present case only to pre-empt any
finding in the suit that is pending.
Be that
know
that in the year 1997, the petitioners created a false gift deed on
basis of which they want to deprive the complainant ... decision of
partition Suit has filed a present case only to pre-empt any
finding in the suit that is pending.
Be that
R.Janakiammal vs S.R.Somasundaram ... 1St on 23 November, 2011
Bench: K.Mohan Ram
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
