conclusion that there is no justification for passing an order of pre-emptive purchase only because there is a different purchaser by a different agreement ... make an order of pre-emptive purchase in this case for the following reasons :
Past sale instances do not strongly justify pre-emptive purchase
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
exercise her right of pre-emption in respect of half share in the suit properties covered by Gift Deed dated 25.5.1964, executed by defendant ... contract or agreement for gift or agreement to gift. In case of a gift, Section 126 provides that gift may be revocable or suspendable
conclusion that there is no justification for passing an order of pre-emptive purchase only because there is a different purchaser by a different agreement ... make an order of pre-emptive purchase in this case for the following reasons :
Past sale instances do not strongly justify pre-emptive purchase
conclusion that there is no justification for passing an order of pre-emptive purchase only because there is a different purchaser by a different agreement ... make an order of pre-emptive purchase in this case for the following reasons;
Past sale instances do not strongly justify pre-emptive purchase
father ?
2. Whether the appellants establish
that the registered gift deed dated
21.07.2007 allegedly executed by
Mahadev (appellants' father) is
outcome of fraud ... second wife, claimed to be the donee
under the registered gift deed 21.07.2007 executed by
-7-
Mahadev, in respect of the properties allotted
Clause/Note 226 reads as follows:
226. Pre-emption.-The right of shufaa or pre-
emption is a right which the owner of an immovable ... reads as follows:
232. Sale alone gives rise to pre-emption- The
right of pre-emption arises only out of a valid (a),
complete
preemption. These Articles, read as below:
226. Pre-emption.-The right of shufaa or pre-
emption is a right which the owner of an immovable ... sold to another
person.
232. Sale alone gives rise to pre-emption-
The right of pre-emption arises only out of a valid
(a), complete
defendant
gifted the suit properties for construction of an
Ayurvedic Clinic for the benefit of general public.
Accordingly they executed a gift deed in favour ... gift
the property to him. The 5th defendant is not benefited
out of such gift deed as he has to set up a Charitable
Ayurvedic
sell in favour of a private individual, the Revenue orders the pre-emptive purchase. Therefore, the question of affording an opportunity of hearing does ... seek for rectification of mistakes and, on that score, the order of pre-emptive purchase cannot be held to be bad.
20. The question
