been any cogent and lawful ground. But
in a pre-emption case the pre-emptor seeking pre-emption in respect of the
property covered ... matter of
evidence for proving the impugned deed either as a deed of sale or deed of gift,
which is not permissible under
Plaintiff Pahlad filed a suit for pre-emption. Sunil
Kumar, defendant no.1 also filed a suit for pre-emption. The suit filed by
Pahlad ... submitted that one Sunil Kumar was party and had sought pre-emption of
the sale deed, therefore, at least Sunil Kumar cannot go beyond the decree
allowed. His
further submission is that by executing the gift deed in favour of
appellant no.2, the appellant no.1 has rightly taken steps ... family property, but at the same time
he has executed a gift deed in favour of the appellant no.2 which
could not have been
Registered Settlement/Gift Deed dated 10.05.1991 (ii) Registered release deed dated 17.05.1991 (iii) Registered Release deed dated 13.12.1991 (iv) Registered Release Deed dated ... with right of pre-emption of a person and held as follows:-
1. The pre-emptor must have the right to pre-empt
petitioner is competent to exercise the right of pre-
emption to pre-empt the case property. It is submitted that by the
impugned deed dated ... pre-emption case on the side of the petitioner, even, the impugned deed,
the property covered by which sought to be pre-empted, has been
plaintiff became unsuccessful in the said appeal. Thus, the order of pre-
emption which was passed in favour of the defendant attained its finality ... plaintiff which the defendant was allowed to pre-empt in the pre-emption
proceeding remains unaffected. The plaintiff himself admitted the defendant
under Section 16(3) of
Bihar Land Ceiling Act against the gift deed executed in
favour of the petitioner. The aforesaid petition filed under
Section ... aforesaid order of Sub-divisional Officer was
challenged in Pre-emption Appeal Nos. 286 and 287 of 1998-
99. The learned Collector allowed both
earlier round of litigation to decide
the nature and scope of gift deed Ext. A-1. Accordingly, the courts decided
that the gift made
Calcutta.
The learned Single Judge has denied the right of
pre-emption to the appellant who is a contiguous land
owner. The land in question ... claim a right of
pre-emption. But this, however, does not exhaust the
entire section. A similar right of pre-emption is also
conferred
Naveen Chandra Pant And Another vs State Of Uttarakhand And Others on 28 March, 2017
