property over which his right of pre-emption extends or he has a preferential right of pre-emption and thus failing to take over ... sale sought to be pre-empted had been effected on May 22, 1963, and the suit for pre-emption by the vendor's brother
partial pre-emption.
The Conspectus Of Facts
2. A suit for possession by way of pre-emption was filed by Paras Ram
and Jiwa ... pre-emption is legally unsustainable and contrary to the statutory scheme
governing agricultural land. It is urged that the plaintiffs had unequivocally
sought pre-emption
pre-emption
emption law prevailing in Oudh. In the second
place, so far as the pre-emption
emption law in the Punjab is
concerned ... while
dealing with a claim of pre-emption
emption and as already stated,
the right of pre-emption
emption being a right of substitution
pre-emption
emption law prevailing in Oudh. In the second
place, so far as the pre-emption
emption law in the Punjab is
concerned ... while
dealing with a claim of pre-emption
emption and as already stated,
the right of pre-emption
emption being a right of substitution
petitioners have
not sought for pre-emption of the several properties and has only sought for
pre-emption in respect of the land sold ... question cropped up, whether the partial pre-
emption is permissible or not, and court below decided that partial pre-
emption is not permissible
counsel further urged that as partial pre-emption was nto permissible the respondent had even no right to pre-empt the sale ... secondly) of section 15 of the Punjab Pre-emption Act, 1913.
(18) The objection regarding partial pre-emption is nto tenable. The respondent
filed a suit for pre-emption in respect of land of that patti
though he had an equal right to pre-empt the sale ... suit
for pre-emption, claim is based or a plea taken is
defendant on a right of pre-emption derived from the co-
ownership
right of pre-emption vests in respect of sales
of agricultural land and village immovable property-(1) The
right of pre-emption in respect ... Prem Lata and Santosh Kumari,
plaintiffs, will amount to partial pre-emption. Partial pre-emption is not
permissible in law. This partly decreeing the suit
suit of the plaintiff was for partial pre-emption and that the suit land was partially agricultural land. Issue 2 was decided against the plaintiff ... plaintiff is for partial pre-emption and that the land shown being banjar and gairmumkin is not pre-emptible.
10. He also contends that the vendee
pre-emption
emption law in Punjab is concerned, one rule is
firmly settled that the right of pre
pre-emption
emption is a right ... while dealing with a claim of
pre-emption
emption and, as already stated, the right of pre-
pre
emption being a right of substitution
