Civil Procedure Code, 1908, Section 115 -- Revision - Maintainability - Pre-emption - Challenge to deposit being not in conformity with Law - Rejected by both Courts below - Revision against - Maintainable (As amended by Act 46 of 1999, S.47, O.20 R.14)..........
Specific Relief Act, 1963, Section 16(c) -- Suit for reconveyance of property filed on basis of right of pre-emption - By amendment of plaint suit converted to be one for specific performance - Readiness and willingness averred in the amended plaint must be proved to be continuous i.e. right from date of contract upto date of hearing of suit - Where consideration offered..........
Civil Procedure Code, 1908, Order 21, Rule 58, 99, 101, Jammu and Kashmir Rights of Prior Purchase Act, 1933, Section 15(5) -- Pre-emption suit - Filed in 1978 claiming relief under law i.e. clause `sixthly' which vested prior to amendment of 1973 - Exparte decree however passed under clause `fifthly' of contiguity-cum-vicinage which was not case of respondent - Execution..........
Punjab Pre-emption Act, 1913, Section 21A -- Transferee - Improvement in status - Provision nullifies the effect of acquisition of any right by the defendant in a pre-emption suit for the purpose of improvement of his status pendente lite except by way of inheritance or succession - It is not attracted only in a case where one of the co-owners as a defendant in a..........
Punjab Pre-emption Act, 1913, Section 28A -- Transferee - Improvement in status - In a suit of pre-emption if claim is based or a plea taken is dependent on a right of pre-emption derived from the co-ownership of the property and title to such land or property is liable to be defeated by enforcement of a right of pre-emption with respect to it, the Court is directed not to..........
Punjab Pre-emption Act, 1913, Section 28A, 21A -- Section 28-A applicable to a case where improvement of status is pleaded in defence - Plea of improvement in status on the basis of second sale - Not available when second sale itself subject-matter of second suit...........
Punjab Pre-emption Act, 1913, Section 21A -- Improvement in status by acquisition for the purpose of Section 21-A - Means a status which is undisputable and/or not amenable to challenge and not the one in controversy or subject matter of challenge before a competent Court - Defence of improvement in status based on second sale for purpose of first suit - Cannot be accepted..........
Partition Act, 1893, Section 4 -- Married daughters - Filed suit for partition of family dwelling house - Son claiming right of pre-emption - Held, suit for partition is not maintainable - Plaintiff is not entitled to transfer their interest in the family dwelling house in favour of a stranger and if they decide not to reside in the family dwelling house and desire to..........
Punjab Pre-emption Act, 1913, Section 15 -- As substituted by Haryana Amendment Act, 1955 - Amended provision - Retrospective or prospective - Held, amended provision is prospective in nature - It does not affect the rights of the parties to the litigation on the date of adjudication of the pre-emption suit and the appellate Court is not required to take into account or..........
Pre-emption -- The law of pre-emption creates a right which attaches to the property and on that footing only it can be enforced against the purchaser...........
