that
the right of pre-emption under the Punjab Pre-emption Act, 1913
(hereinafter referred to as the ‘ Pre-emption Act ’) is a weak kind ... issues
whether in a suit for pre-emption, the pre-emptor should possess
his right to pre-empt on the date of sale
judgment of the first appellate court, decreeing the suit for
pre-emption filed by the plaintiffs, Daya Nand (deceased) and
others. Aggrieved, the defendant - purchasers ... pre-emption, in fact, was dismissed by
the trial court vide judgment dated 31.10.1990.
(v) The first appellate court decreed the suit for pre-emption
suit for Pre-
emption under Section 22 of the Hindu Succession Act, Declaration and
Injunction. It is averred that the suit for pre-emption ... Mehta is a suit for pre-emption
whereas the present suit is for partition of properties.
39. Issues in CS (OS) No. 579/2022 were
fasli and ending 1362 fasli. The issue arose out of a pre-emption suit after the two Zamindars and their mother executed a sale deed
entitled for a decree of
possession by way of pre-emption of the suit
land as alleged? OPP
::: Downloaded on - 06/12/2023 ... plaintiffs had no
right of pre-emption particularly by 22.01.2011
rt
when the Himachal Pradesh Pre-emption
misinterpreted concept of pre-emption under Mahomedan Law. Mr. Kalita
submitted that the right of pre-emption is a right of substitution and it prevents ... claimed to be the co-sharer has right to pre-emption of the suit land sold by
defendants No. 1, 2 and 3 in favour
property in their favour. On reading of plaint of the previous
suit, Ex.PA, it is evident that Sh. Ram Kumar and Sh. Ram Mehar ... aforesaid judgment. In that suit, the
allegations were that in a pre-emption suit filed by the son of the
vendor, the vendor was helping
matter the right of pre-emption ought to have exercised within 11.04.1998.
Since the prayer for pre-emption was filed long after one year ... disposal
of the application of pre-emption filed by Subuddhi Bhajan afresh and if
defendant's pre-emption case fails, the decree passed
pre-emption.
The brief facts relevant to the present lis are that the plaintiff-
appellant filed a suit for possession by way of pre-emption ... litigation on the date of the adjudication of the pre-emption suit and the
Appellate Court was not required to take into account or give
have got right of pre-emption under Section 17 of
Mohammedan Law and defendant no.4, who has purchased the
suit property belong to Hindu ... property ?
4) Whether plaintiff is ready and willing to
get pre-emption of suit property?
-6-
RSA No. 5576 of 2009
5) Whether plaintiffs entitled
