runs as under:
"15. Right of pre-emption to vest in tenant.
The right of pre-emption in respect of sale of
agricultural land ... pre-
emption is required to prove his right of pre-emption on three
important dates. The claimant must possess right of pre-emption
runs as under:
"15. Right of pre-emption to vest in tenant.
The right of pre-emption in respect of sale of
agricultural land ... pre-
emption is required to prove his right of pre-emption on three
important dates. The claimant must possess right of pre-emption
instituted a suit to pre-empt that sale claiming a preferential right of pre-emption in them. The suit was resisted by respondents ... decree in a suit for pre-emption whether instituted before or after the commencement of the Punjab Pre-emption (Amendment) Act, 1959 (1960), which
being added to the Punjab Pre-emption Act to restore the status quo in the case of pre-emption suits, wherein the vendee seeks ... lasted he had no right of pre-emption, he becomes entitled to claim the right of pre-emption as soon as his association with
Whether the suit is bad for partial pre-emption ?" The plaintiff-pre-emptor filed the suit on August 17, 1965, without a copy ... suit was one for partial pre-emption. The pre-emptor did not persist in proceeding with the said suit as originally framed. On the other
Judge Bench of this
Court, while considering right of pre-emption under the
Punjab Pre-emption Act, 1913 , after adverting to the principles
laid down ... pre-emption must fail.
3. A pre-emptor who has a right to pre-empt a sale on the
date of institution of the suit
well-known rule of pre-emption law that the pre-emptor cannot, in the guise of his pre-emptive right, bring in a stranger ... from the language of this rule that a pre-emption decree is passed before the pre-emption money has to be paid in Court
decree enforcing the pre-emption right must direct the vendee to deliver possession of the property to the pre-emption plaintiff on condition and subject ... appeal, in which the pre-emption right is claimed, is no exception. Now pre-emption suit has one special feature. It cannot be decreed without
Punjab Pre-emption Act, which is retrospective in operation and according to which no Court shall pass a decree in a pre-emption suit, whether ... affect the right of pre-emption conferred by the Punjab Pre-emption Act . However, the basic rule that the pre-emptor has to preserve
never asserted his
right of pre-emption, as such plaintiff has waived his right of pre-
emption and further suit is also barred ... pre-emption
has been decreed in his favour. Therefore, plaintiff can't claim
right of pre-emption against defendant No.1 and his suit
