that:
Pre-emptory right is only given where there is a sale deed, but the instant
case is a case of a gift deed ... Patna held that:
Pre-emption is a weak right, and the purchaser can defeat the right of
the pre-emptor by any legitimate means provided
that in order to
defeat his rights of pre-emption, it was camouflaged as a gift. He further
claimed the market value of the property ... pre-empt
the transaction by submitting that there was no sale and rather, it was a
gift by way of gift deed dated 24.12.1979. They
that in order to
defeat his rights of pre-emption, it was camouflaged as a gift. He further
claimed the market value of the property ... pre-empt
the transaction by submitting that there was no sale and rather, it was a
gift by way of gift deed dated 24.12.1979. They
that in order to
defeat his rights of pre-emption, it was camouflaged as a gift. He further
claimed the market value of the property ... pre-empt
the transaction by submitting that there was no sale and rather, it was a
gift by way of gift deed dated 24.12.1979. They
that in order to
defeat his rights of pre-emption, it was camouflaged as a gift. He further
claimed the market value of the property ... pre-empt
the transaction by submitting that there was no sale and rather, it was a
gift by way of gift deed dated 24.12.1979. They
Although an appeal can be filed against the judgment
of the Tribunal, pre-deposit to the extent of 75 % of the
demand is imperative ... parties
like in the cases of partition, cancellation of sale deed,
gift deed, right of pre-emption, redemption of mortgage
etc. and the bar contained
dated 29th June, 2006, the first floor was
gifted to the Plaintiff and vide gift deed dated 12th July, 2006, the ground
floor was gifted ... third
party. According to him, the covenant of pre-emption in the above Gift Deed
dated 10th March, 2014 is integral, binding the Defendants
claims they have superior right of pre-emption on the ground that as per
PEPSU custom, the sale is pre-emptable by a co-sharer ... Sheo Chand had gifted 2 kanals
land in favour of defendant no.1 to 4 by virtue of gift deed dated
15.06.1989 and thereafter
pre-emption
proceeding was filed on 31.03.1984 praying for pre-emption of
the deed dated 21.04.1982, the application is barred by
limitation.
9. Mr. Banik ... interest of the opposite
parties herein.
Right of Pre-emption claimed in the Misc. Case
(Pre-emption) No. 65 of 1984 is only
that the
property in connection of which pre-emption was sought
for, was transferred by the pre-emptor, in favour of his
wife, Arati Bhadra ... final order in the pre-emption case
over the land based on which pre-emptor Paritosh
Bhadra sought for pre-emption but surprisingly in spite
