pre-
emptor. However, there is a finding that the pre-emptor is the
adjoining Raiyat.
j. So far as the gift-deed is concerned ... pre-emption is hit by a doctrine
of lis-pendens under the Transfer of Property Act and
such alleged gift would not cover pre-emption
plaintiff had a superior right
of pre-emption to pre-empt the sale being a co-sharer in the land in dispute
at the time ... alleged that the plaintiff had already
gifted away the property in dispute through gift deed and therefore, the
plaintiff had waived her right to exercise
right of pre-emption
or not is a matter which can be gone into in a proceeding for pre-
emption ... pre-emption proceeding and the court on being
satisfied that the pre-emptor has waived his right may refuse to
allow the pre-emption
petitioner had filed an application for pre-emption in
respect of the land covered by sale-deed no. 4819
dated 22.12.1989 situated in Bermo, Bokaro ... year,
1989 is admittedly a part of the property gifted vide gift deed
executed in the year, 1965 and the petitioner is neither the
legal
sale deed. Admittedly,
the sale deed was registered on 23.09.1991 but the pre-emptor-
respondent No.5 filed the pre-emption case ... Section 16 of the Act
and pre-emption petition is not maintainable against the deed of
gift.
Having considered the facts aforesaid, I find that
file the pre-emption application within 3
months from the date of registration of transfer deed.
Therefore, the right to file the pre-emption application ... deed is registered.
Accordingly, this Court held that an application for pre-
emption filed before the sale deed was registered, would
be pre-mature. This
transfer on 05.12.2010. It is contended that in order to avoid pre-
emption, the preemptees purchased the suit property mentioned in the
schedule ... several other non-suit plots were
transferred and as such partial pre-emption cannot be allowed but the
learned Courts below have failed to consider
exercise his
right of pre-emption and has accordingly waived his right
of pre-emption and cannot exercise his right of pre-
emption when ... right of pre-
emption is the sale-deed itself and accordingly, the moment the
sale-deed dated 07.01.1997 was executed, a right of pre-emption
longer
subsisted inasmuch as a decree for pre-emption on the basis of
the sale deed had been passed in favour of the appellants ... transfer would therefore subsist even
after a decree for pre-emption is passed and the pre-emption
money is paid.''
On plain
which is adjacent to plot no. 57,
hence, pre-emption was disallowed. The appellant-pre-emptor
moved the Additional Collector, Bhojpur at Ara in Appeal ... dismissed the pre-emption application as
not maintainable on the ground that the
pre-emptor had not mentioned in Schedule
I of the pre-emption
