sold. This right is called the primary or inherent
right. (2) The pre-emptor has a secondary right or a remedial right to follow ... West Bengal Land Reforms Act
for enforcing pre-emption right was the right of pre-emption being a 'weak
right'. Thus, the Apex
right of pre-emption is required to be
settled at the earliest either on pre-emptor's proving
his qualification to pre-empt ... eliminating the right
of pre-emption which could not be the intention of the
Legislature while enacting the Punjab Pre-emption
Act . The genuineness
sold. This right is
called the primary or inherent right. (2) The pre-emptor has a
secondary right or a remedial right to follow ... examining the issues whether in a suit for pre-emption, the pre-
emptor should possess his right to pre-empt on the date of sale
Here, the pre-emption was allowed. The decision affected both the pre-
emptee and the subsequent purchasers. The decision in the pre-emption
could well ... pendency of the pre-emption application, and ceased to be a co-
10
sharers or a contiguous owners, the pre-emption case could
right of pre-emption
in that particular transaction by a particular pre-
emptor and the factum of not having exercised such
a right ... only for the proposition
that the right of pre-emption is a right of
substitution--no doubt exists over this proposition.
The question is whether
holder of the genuine right of pre-emption
has to exercise the option of pre-emption immediately upon knowledge
of sale. He submits that from ... forfeiture of
his right of pre-emption.
19. The right sought to be enforced by plaintiff
i.e., right of pre-emption is a weak
schedule.
16. The Punjab Pre-emption Act (1 of 1913) confers pre-emption right to
various groups of persons including co-sharers, tenants and kinsfolk ... purpose of vesting in them the right of
pre-emption."
17. Pre-emption right to kinsfolk on the basis of consanguinity was
justified
herein) filed a suit for possession by way of pre-emption
in order to pre-empt the sale deed dated 08.12.1988. However, he amended ... pre-emption, he cannot be allowed to
claim that he was not issued any notice under section 19 of
the Act.
Law of Pre-emption
entitled to pre-empt the sale deed, drawing strength from the Punjab
Pre-emption Act, 1913 .Trite it is that the right of pre-emption ... suit enforcing right
of pre-emption, it is imperative to show that:-
1. The pre-emptor had the right to pre-empt on the date
examining the
issues whether in a suit for pre-emption, the pre-emptor should
possess his right to pre-empt on the date of sale ... 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
