contract of pre-emption if either the plaintiff or his vendor was assignee for value without notice of the contract of pre-emption. Whether ... respect of which he has the right of pre-emption and that therefore his right of pre-emption is not extinguished by operation of Section
contract of pre-emption if either the plaintiff or his vendor was assignee for value without notice of the contract of pre-emption. Whether ... respect of which he has the right of pre-emption and that therefore his right of pre-emption is not extinguished by operation of Section
said superior right subsisted at the time the pre-emptor exercises his right.
13.While considering the nature of right of pre-emption, Courts have ... that the rights to pre-empt is not exercisable, till a pre-emptible transfer has been effected,and the right of pre-emption
property and in that suit, he has not prayed for his pre-emption right and therefore, the present application is also not maintainable. He further ... opinion, Parliament has emphasised upon the primary right of pre-emption and left the remedial right to the common law for the Courts to mould
Honourable Apex Court has held as follows:
Right of pre-emption is the right which the owner of immovable property
possess to acquire by purchase ... respondent/plaintiff is not entitled to exercise
the right of pre-emption, since the right of pre-emption is attached to
property, on the basis
agreement conferring the alleged right of pre-emption are contemporaneous, the right has become frustrated in view of the expiry of the lease ... later point of time;
(h) The right of pre-emption is a very weak right, capable of being defeated by all legitimate means. The contract
ground.
10(v). The right of pre-emption is recognised in Mohammedan law.
Subsequently, pre-emptive right is recognised to be created by a contract ... loses his
right of pre-emption, the principle being that
be is entitled to pre-empt the property at the
price fixed and paid
clause 3(i) of the lease deed, the right of pre-emption would arise
only in the case where the lease was subsisting. As there ... property, there is no question of claiming
a right of pre-emption or preferential right of purchase by the plaintiff Corporation. The
plaintiff Corporation
pre-emption may be lost. They are :
(i) if the pre-emptor acquiesces in the sale;
(ii)if the pre-emptor who claims pre-emption ... pre-emption is recognised under the Muslim personal law. Therefore, the contention of the learned counsel for the applicant / original 6th defendant that pre-emption
exercises a right of pre-emption at the price and terms of when he was notified.
In case of pre-emption, the person ... adjudication of suit, the suit for pre-emption must fail.
3. A pre-emptor who has a right to preempt a sale on the date
