that in 1960, fourth clause in Section 15(1)
of Punjab Pre-emption Act, 1913, was added permitting the tenant to pre-
empt the sale ... against the wishes of the landlord. The new provision in
the Pre-emption Act giving a right of pre-emption to a
tenant
Rajasthan Pre-emption Act (In brevity 'the Act') was
given by the seller and pre-emptor should have had
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Any person having a right of pre-emption in respect of
any immovable property proposed
noticed.
3. As per unamended Section 15 of the Punjab Pre-emption Act,
1913 (hereinafter referred to as 'the 1913 Act'), the right ... ground that Section 15 as
substituted by Act 10 of 1985, does not grant right of pre-emption to the co-
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::: Downloaded
conferred under Sub-Section 2 of
Section 8 of the Punjab Pre-emption Act, 1913, declared
that no right of pre-emption shall exist
failed to prove their superior right of pre-emption on the basis
of co-sharership to pre-empt the sale deed dated 16.08.1985 executed ... provisions of the
Punjab Pre-emption Act, 1913 , the co-sharers have a superior right to pre-
DEEPAK KUMAR BHARDWAJempt the sale deed executed
pre-
emption. Similarly, copy of Jamabandi for the year 2004-05 also does not
help the appellants.
The superior right of pre-emption ... superior right of pre-emption being co-sharers on
all the three dates. No doubt, the superior right of pre-emption on the
ground
Oral)
1. Though, the enabling right of pre-empting the sale deed under
the Punjab Pre-Emption Act, 1913 (hereinafter referred ... pre-emption on the ground of pre-emptor being
co-sharer are required to be decided in accordance with unamended
provisions of the Act before
plaintiffs (respondents herein) filed a suit for pre-emption on the ground
that they are co-sharers in the land and no notice with reference ... while examining the superior right of pre-
emption between co-sharers in the context of Punjab Pre-emption Act,
1913 .
6. Keeping in view
Courts below while
decreeing the suit claiming superior right of pre-emption of sale-deed dated
13.06.2003 on the ground that the plaintiffs are tenants ... matter of sale deed as per the provisions of The Punjab Pre-emption Act
1913.
It is not in dispute that in the State
parties. The relevant part
of Section 15 of the Punjab Pre-emption Act, 1913, is extracted as under:-
"Section 15 Persons in whom right
