Act
and the land pre-empted, has been prescribed under Section 5 (b) of 1913
Act, where no right of pre-emption in the sale ... said section.
5. No right of pre-emption in respect of certain
buildings.- No right of pre-emption shall exist in respect
Court was with regard to the substituted
provisions of the Punjab Pre-emption Act, 1913 and following
question was framed ... referred to as the Amending Act 1995) in the parent Act
i.e. The Punjab Pre-emption Act (hereinafter referred to
as the parent Act
trial Court, in other
words, it was stated that right of pre-emption was not alive till passing of
decree by the trial Court, therefore ... emption Act, 1913 (in short "1913
Act") at the relevant point of time before it was repealed empowered the co-
sharer to pre
independent adjudication. During
the pendency of the proceedings, Pre-emption Act had been amended taking ... away the right of pre-emption of a co-sharer, therefore, she had no right to
seek the pre-emption. In support of his contentions
that land was
within the Municipal Limits and therefore, rigours of Pre-emption Act, 1841
1 of 7
::: Downloaded ... their own act and
conduct from filing the present suit?OPD
6. Whether the suit is bad for partial pre-emption?OPD
7. Whether
superior right
of pre-emption, in view of the provisions of Section 15(2) of the Punjab
Pre-emption Act, 1913 (in short ... Whether the sale is covered under Section 15() of the Punjab
Pre-emption Act as alleged and so the plaintiff has not liable to
pre
that as per the provisions of Section 30 of the
Punjab Pre-emption Act, the limitation is one year. The suit was filed ... reproduce to the provisions of Section 30 of
the Punjab Pre-emption Act, 1913 as well as Section 21 of the Limitation
Act
other
than the tenants. The provisions of Section 15 of Punjab Pre-emption Act,
1913 i.e. Punjab Act ... reproduce the provisions of Section 15 of
1913 Act:-
15. Persons in whom right of pre-emption vests in respect of
sales of agricultural land
suit on 05.08.2011, challenging the aforementioned sale
deed under the Punjab Pre-emption Act as applicable to the Haryana. The
aforementioned suit was dismissed vide
land in dispute and the suit was bad for partial pre-
emption. The trial Court on the basis of the documentary evidence ... even after the repealment of the Punjab Pre-emption Act
in case suit is instituted at the time when the Act was invogue, it would
