sale as such the
application for pre-emption is not maintainable being barred for partial pre-
emption. In support of her said second contention ... parties is hit by the doctrine of partial pre-emption or not.
11. The application for pre-emption, therefore, requires a fresh
consideration
having no right of pre-emption under Section
16 (3) of the Act on the date of filing of pre-emption application ... declared invalid, the claim of pre-emption
of the respondent no.4 could not be maintainable, hence, rejected
the pre-emption application.
Against the order
predecesors in interest of the appellants
filed a suit for pre-emption against the predecesors in interest of the
defendants, which suit was decreed, wherein ... basis of the judgment and decree passed in the suit for
pre-emption. The suit has been dismissed primarily on the ground
Young Indian, New Delhi vs Cit(E), New Delhi on 15 November, 2019
In the
right of pre-emption by all
lawful means. The vendee may defeat the right
by selling the property to a rival pre-emptor
with preferential ... that the
document under which the appellants claim was
not a deed of gift, or a conveyance, by one
of the parties to the other
terms of the perpetual lease deed dated 10th January, 1967.
Legal proceedings against Akash Gift Gallery are pending, all other
rectification and construction has been ... Lease Deed. Dr. Singhvi argued that the said Clause
prohibits transfer of the demised premises by sale, mortgage, gift or
otherwise. Admittedly, in the present
ownership
over the suit land being the donee, under the registered Gift
Deed executed by Sitabai Tukaram Dhankude-the original owner
thereof. The plaintiffs have ... been put in possession of the suit
land under the said Gift Deed. The plaintiffs names have been
mutated to the record of rights
ground of contiguous ownership, and granted pre-emption
to the present opposite party. Such pre-emption was granted in respect of a sale deed dated ... Section 8 of the 1955 Act with regard to pre-emption), held inter alia that
pre-emption lies when an undivided share or a portion
filed more than 22 years after the execution of a
registered gift deed, praying for a declaration that the gift deed in
favour ... pray for any declaration or relief of setting aside the gift deed as in that
case the suit would have been barred by limitation under
effect that he is entitled to purchase the
aforesaid property on pre-emption and also sought a decree of
perpetual injunction. No partition in respect ... plaintiff has instituted the suit for
declaration about his right of pre-emption to purchase the suit
property. Prima facie there appears
