right or a vendee improves his right equal or
above the right of the claimant before the adjudication of suit,
the suit for pre-emption ... right and
title to the property vest in pre-emptor and it becomes vested right of
the pre-emptor. The right of pre-emption prior
right or a vendee improves his right equal or
above the right of the claimant before the adjudication of suit,
the suit for pre-emption ... right and
title to the property vest in pre-emptor and it becomes vested right of
the pre-emptor. The right of pre-emption prior
land or property is situate. 20. Notice by pre-emptor to vendor.
- The right of pre-emption of any person shall be extinguished unless such ... pre-emption suits in certain cases. - If in any suit for pre-emption any person bases a claim or plea on a right of pre
validity of the right of pre-emption
incorporated in the Rewa State Pre-emption Act and the
Punjab Pre-emption Act in relation ... case may
be, have rights of full ownership and their kinsfolk have no
present right whatsoever. The right of pre-emption
sold.
This right is called the primary or
inherent right. (2) The pre-emptor has a
secondary right or a remedial right to
follow ... that the
rights of purchasers of a land cannot be eclipsed for a
long time. Right of pre-emption was sought to be
exercised after
Claiming a right of pre-emption
in terms of the Act, she filed a suit for pre-emption impleading only the
respondent ... Section 15 of the Punjab
Pre-emption Act of the kinsfolk entitled to pre-emption.
The right of pre-emption based on consanguinity
recognition of such a
right, in fact creates only a new right pendente lite. The
appellants' right of pre-emption was subsisting ... right by selling the property to a rival pre-
emptor with preferential or equal right. To summarize: (1)
The right of pre-emption
further extended the provisions in regard to pre-emption
in Ch. XIV. Under s. 174 pre-emptive rights arise in
respect of transfers of unalienated ... right to pre-empt the sale is
not exercisable till a pre-emptible transfer has been
effected and the right of pre-emption
sold. This
right is called the primary or inherent right. (2) The pre-emptor
has a secondary right or a remedial right to follow ... provision (now repealed 24), itself puts
a pre-condition for the exercise of the right of pre-emption, by requiring
the deposit of the full
SC1977 (3,6)
ACT:
Custom-Pre-emption-City of Banaras-Local Custom of Pre-
emption-Such right-Incident of property and attaching to
land.
HEADNOTE ... pre-emption. In other cases, where a
custom of pre-emption exists, each village community has a
custom of pre-emption which varies from
