same was tendered
in evidence by Ved Parkash in the pre-emption suit titled as "Ram Dia Versus
21 of 78
::: Downloaded ... 2227 of 1990 + 4 cases -27-
vendor in a pre-emption suit? OPD
1(f) Whether Gorkha vendor is a necessary party to the
suit
Postponement of decision of pre-emption
suits in certain cases. - If in any suit for pre-emption
any person bases a claim or plea ... enforcement of such
right of pre-emption has expired and the suits for pre-
emption (if any) instituted with respect to the land or
property
Mrs. Rajeshri V. Mahesh vs Mr. Mahesh Vennalakanti on 1 April, 2024
Bench: B. P
respondent herein to pre-empt the sale survives in as
much as the Haryana Amending Act, 1995 to the
Punjab Pre-emption ... right of pre-emption is required to be
settled at the earliest either on pre-emptor's proving
his qualification to pre-empt
Records
Manual as also the Punjab Pre-emption Act, 1913 had observed that the
right of pre-emption is a very weak right and could ... issues whether in a suit for pre-emption, the pre-
emptor should possess his right to pre-empt on the date of sale
separate court fee for pre-emption suits. As per the above
provision :-
"In a suit to enforce a right of pre-emption, fee shall ... above provision makes it clear that a suit for pre-emption is
an independent suit and there is only a single and common provision
that in a Suit for pre-emption, the Plaintiff is required to prove
his right of pre-emption on three important dates viz. firstly, that ... Decree of pre-emption, if passed prior to the issuance of
the notification declaring that no right of pre-emption shall exist in respect
right of pre-emption are as under:
"1. The pre-emptor must have the right to pre-empt on the
date of sale ... 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
that in a Suit for pre-emption, the Plaintiff is required to prove
his right of pre-emption on three important dates viz. firstly, that ... Decree of pre-emption, if passed prior to the issuance of
the notification declaring that no right of pre-emption shall exist in respect
that in a Suit for pre-emption, the Plaintiff is required to prove
his right of pre-emption on three important dates viz. firstly, that ... Decree of pre-emption, if passed prior to the issuance of
the notification declaring that no right of pre-emption shall exist in respect