several counts. The primary contention being that the
petitioner's preferential right, as owner of the land, to redevelop such land
occupied ... primarily for the reason
that there is no preferential right accrued in favour of the
petitioner to undertake the re-development of the land
plea in the written statement to
the counter-claim regarding the preferential right of the plaintiffs
to re-purchase the suit land was not taken ... counter-claim
to plead the facts and seek a relief of preferential right to purchase
the suit land.
4. The application was opposed by filing
said Act). That the plaintiff/opposite party did
not have a preferential right in terms of the said provisions of law. No cause
of action ... respondent cannot
have any right to continue the suit since he has no right and the right
of his mother Chalti Devi cannot be inherited
right to or a right in that
land. It is,jus ad rem alienum acquirendum and not a jus in re
aliena......... A right ... identical with a right to the thing itself, and that is the primary
right of the pre-emptor. The secondary right is to follow
Section 22 of the
Hindu Succession Act, the Plaintiffs have preferential
right to purchase the share of Defendant No.2 in the
event she proposed ... never offered to sell the
property to the Plaintiffs ignoring their preferential
right. It is further stated that the Plaintiffs are ready to
purchase
Suit is seeking to declare that the plaintiff is having
preferential right to purchase the land in Survey No.178/1B and
further direction ... trial Court on the right available to plaintiff has
rightly held that plaintiff is not entitled for preferential right.
19. The manner in which
plaintiff has filed this suit to declare that he has a
preferential right (right of pre-emption) to purchase the plaint
schedule ... emption right is a very weak
right exercisable for the first time when the cause of such a
right arises and such a right
MMDR Act, 1957 reads as follows:-
"11. Preferential right or certain versions•- (I) Where a
reconnaissance permit or prospecting licence has been granted ... land, the permit holder or the licensee shall have a
preferential right for obtaining, a prospecting licence or mining lease,
as ease
shall be
open for consideration.
10. However, the Crown's preferential right to
recovery of debts over other creditors is confined to
ordinary ... conscience (as applicable to India) do not accord the
Crown a preferential right for recovery of its debts
over a mortgagee or pledgee of goods
become a co-sharer in the suit land
and thus preferential right of pre-emption stood vested in him. The
operative part of the judgment ... become co-sharer in the suit land and has thus,
a preferential right to pre-empt the sale in question. On
the other hand
