such amendment, in order to exercise
the right of pre-emption, the pre-emptor would have to show that only a portion of
share ... such amendment, now in order to exercise the right of pre-
emption, the pre-emptor will have to show that only a portion of
share
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
right of pre-emption. However, if in spite
of disclosing the intention of transfer, the persons, who have the right of pre-
emption, decide ... given situation, can refuse to
grant the relief of pre-emption, the right of pre-emption being a weak right.
The next question is what
pre-requisite for exercising the right of pre-emption,
that the right of pre-emption only arises if a portion or share of a plot ... specifically pleaded
absence of such notice in the pre-emption application, his right of pre-
emption on the footing of a co-sharer gains primacy
order dated 15th February, 2005, the Ld. Trial Court allowed
the pre-emption application holding that the opposite party is a co-sharer ... Court rejected the petitioner's
contention that the application for pre-emption was barred by limitation.
The Ld. Court held that since no notice
favour of the
first three petitioners in the pre-emption proceedings. The petitioners in the pre-
emption proceedings, thus, became co-sharers of plot ... order of pre-emption over such property.
A point of limitation was raised and the second petitioner in the pre-
emption proceedings, in course
amount along with her application for pre-emption and such short
deposit rendered the application for pre-emption invalid ... Barasat Eye Hospital case has considered right of pre-emption to be a
weak right when the pre-emption has been claimed on the ground
filing of the said application for
pre-emption. The pre-emptee also opposed the petitioner's prayer for pre-emption on various other
grounds ... application for pre-emption
on contest holding that the application is maintainable and the pre-emptor is entitled to exercise his
right of pre-emption
application for pre-
emption is not maintainable.
Mr. Bagchi has also submitted that the Misc. Case for pre-
emption is not maintainable. He has also ... pre-emption and looking to the provisions of the Limitation Act ,
it appears that when one applies for enforcement of rights of pre-
emption under
filed the application for
pre-emption being Misc. Case No.27 of 2007 against the pre-
emptees. The pre-emptees are contesting the said misc ... pre-emption against the pre-
emptees in respect of a registered sale deed dated May 18, 1984.
The said misc. case for pre-emption
