joint family properties of the plaintiffs; for declaration that three gift
deeds dated 11.02.1983 (Ext.-A), 11.02.1983 (Ext.-B) and 15.06.1983
(Ext.-C), executed ... before his death in the year 1983
executed the aforesaid three gift deeds (Exts.-A, B and C in favour of
the defendant
right to pre-empt and the decree for pre-
emption have been sought for in respect of the sale-deed dated
December 22, 1999 (Exhibit ... exercise his right of pre-emption in respect of the deed of 1950,
the right of pre-emption as agreed upon by the parties
public notice issued in Daily Lokmat,
claiming a right of pre-emption in respect of the two
properties and thereafter filed Regular Civil suit ... going enquiry by the police.He
had immediately cancelled the gift deeds. The cancellation
has been confirmed by one of the donees, Abdul Rashid
Mohd
order of the first appellate court by which his application
for pre-emption under section 8 of the West Bengal Land Reforms Act is
rejected ... petitioner on 19.8.2000. The
petitioner asserted the right of pre-emption on the ground that the entire
plot being plot no. 633 was comprised
Notwithstanding anything
contained in the letter of allotment/conveyance
deed imposing a ban on the transfer of
site/building as the case ... said mortgage or charge.
Provided further that the Government
shall have the pre-emptive right to purchase the
mortgaged or charged property after deducing
Jer Rutton Kavasmaneck vs Gharda Chemicals Limited on 20 December, 2012
Author: R.D. Dhanuka
Section 226 which
deals with pre-emption reads as under:
"Pre-eniption: The right of shufaa or
pre-emp lion is a right which ... device for evading pre-emption. It
reads thus:
Tegal device for evading pre
emption- When is apprehended that a
claim Jr pre-emption
Rajendra Kumar Razdan vs Mr. T. Srinivasan & Ors on 27 September, 2012
Author: Arun
proceedings ex parte were continued.
JUDGMENT AND DECREE IN THE PRE-EMPTION SUIT
5. The suit was eventually decreed by a judgment and decree,
dated ... that
the appellant could not succeed in her claim of partial pre-emption, as
has been held by a 5-Judge Bench of the Privy
Market, New Delhi.
She had acquired the property under a registered gift deed in October,
1950. The petitioner negotiated with Vidyawati and her sons ... property conveying the same to Smt. Vidyawati under a gift deed dated
1.4.1950, said to have been registered on 14.9.1950, was not available