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
High Court against the said decree. Meanwhile, the Punjab Pre-emption (Repeal) Act, 1973 (Act 11 of 1973) which received the assent of the Governor ... pass decree is suit for pre-emption. -- On and from the date of commencement of the Punjab Pre-emption (Repeal) Act 1973, no Court shall
Courts below by which their suit for possession by way of
pre-emption on the basis of being tenants over the suit land, has been ... suit land under the vendor, had a superior right of pre-emption
which was exercised by way of the present suit.
Initially, the defendants were
provision made for making an order of pre-emption against a subsequent transferee on an application filed for pre-emption against the first transferee ... completed by registration before filing of the application for pre-emption then no order for pre-emption can be made against the original transferee
respect of which he has the right of pre-emption and that therefore his right of pre-emption is not extinguished by operation of Section ... right to sue. to enforce his right of pre-emption has become barred that right of pre-emption, owing to the inapplicability of Section
specifically provided for exercising the right of
pre-emption by those categories of person whose right of pre-emption is
recognized under the said ... special provision relating to limitation for filing
application for pre-emption for those group of pre-emptors. However, since no
provision relating to limitation
courts below whereby their suit for possession by way of pre-emption was dismissed.
2. One Sumer Singh sold 12 Bighas 14.3/4 biswas ... examined the issue of right of pre-emption and held the pre-emptor must possess his right to pre-empt right from the date
executed by the vendee in favour of another prospective pre-emption with an equal right of pre-emption and subsequent to the institution ... Devi, the original vendee, with a notice of pre-emption. She, in recognition of his right of pre-emption, transferred the house by executing
right of pre-emption itself is a weak right and the settled law is that an attempt to defeat this right of pre-emption ... relevant to the enforcement of a right of pre-emption. The right of pre-emption has to be decided on the basis of the state
right of pre-emption, preference amongst them will be according to degrees of nearness." The heading to the paragraph is pre emption and transfer ... recorded a contract for, not a custom of, pre-emption; that as pre-emption depended upon contract, not custom, between 1833, and 1869, (he assumed
