partial pre-emption, maintainability of
the suit, suit is barred under Section 5 of the Punjab Pre-emption Act, the
sale deed was the result ... Whether the plaintiff has a superior right of Pre-
emption?
2. Whether 1/5th pre-emption amount has not been
deposited within time
pre-emption by the plaintiffs, who
alleged themselves to be tenants, therefore, in terms of section 15 of the Punjab
Pre-emption Act ... their
act and conduct? OPD
6. Whether the suit is not maintainable as alleged? OPD
7. Whether the 1/5th pre-emption amount
Act
was passed in 1952, namely, the Preventive Detention
(Amendment) Act, 1952 . The effect of this Act was to
prolong the life of the Act ... Section 15 introduced by Haryana
Amendment Act 1995, in the parent Act i.e. the Punjab
Pre-emption Act , as applicable to the State
relate to the provisions of pre-amended WBLR Act .
According to Sri Banerjee, in the pre-amended WBLR Act , i.e. prior
to its amendment ... cannot therefore have any subsisting right to
claim pre-emption.
Arguing that the law of pre-emption is primarily intended to
prevent strangers from acquiring
Repeal) Act, (11 of 1973) [for short 'the 1973
Act], no Court could pass a decree in any suit for pre-emption ... section 15
which conferred a right of pre-emption on the kinsfolk and
the right of pre-emption based on consanguinity, was held
emption Act, 1913 ( in short, 'the 1913 Act') as applicable to State of
Haryana, the respondent/plaintiff has no right to pre-empt ... Act was substituted by Haryana Act of 1995. A
relevant extract from Section 15 reads as follows:-
"15. Right of pre-emption of vest
Director vs Kalpanaben H Vyas & 2 on 23 June, 2014
Author: Ks Jhaveri
Bench
Director vs Kalpanaben H Vyas & 2 on 25 July, 2014
Author: Ks Jhaveri
Bench
illegally defeating the
right of pre-emption of private respondents. There the
petitioner has also raised the issue, pre-emption is a weak right ... steer clear
of the law of pre-emption by all lawful means. That apart, the
right of pre-emption is a weak right
application for enforcement of right
of pre-emption. Having regard to the fact that the Act is a self-
contained Code in relation ... application for pre-emption should be regarded as a plaint and
though the initiation of the said proceeding for pre-emption is
made on presentation
