Punjab Pre-emption Act, 1913 - - Funds for - Pre-emptor entitled to arrange from any source. If the pre-emptor has no funds with him, he is entitled to borrow the same from any quarter and on any terms and fight out the litigation. If he either takes the financial assistance of somebody else or help in the day-to-day proceedings in the Court, it could not be said that..........
Punjab Security of Land Tenures Act, 1953, Section 17A -- Creates an absolute bar - Sale by owner in favour of tenant alongwith others - Interest of tenant should be determined - Land sold to tenant is exempt from pre - emptio, Rule that a pre - emptor by associating with himself a stranger reduces himself to the status of his co - vendees and thereby loses his..........
Punjab Pre-emption Act, 1913, Section 21 -- Words "sale has been completed" to be interpreted as under Section 61(2) Registration Act - Suit to enforce superior right of possession by pre - emption - Accrual of cause of action - Only on the basis of completed sale - Sale is completed only when registration of sale - deed is completed under Section 61 Registration Act -..........
Punjab Pre-emption Act, 1913, Section 4 -- Pre-emptor not entitled to any special concession from Court.
A right of pre - emption is a piratical right and a pre - emptor is not entitled to any special concession from the Court...........
Civil Procedure Code, 1908, Order 20, Rule 14, Civil Procedure Code, 1908, Order 21, Rule 2 -- Satisfaction of decree - Open to decree - holder and judgment - debtor to change or adjust the decree - Preemption suits decreed and two separate decrees passed in terms of Order 20 Rule (4 - Vendee accepting from pre - emptor amount which falls short of decretal amount - Rival..........
Punjab Pre-emption Act, 1913, Section 15(1)(b) -- Sale of specific Killa numbers of joint land - Does not make the purchaser a co - sharer in joint Khata. The important words in Section 15(1)(b) of the Punjab Pre-emption Act are that the sale which is liable to be pre-empted under this clause, must be a sale "of a share out of joint land". If the sale is not of a share out..........
Punjab Pre-emption Act, 1913, Section 4 -- re - emptor cannot challenge title of vendor. Under the pre-emption law the pre-emptor cannot chillenge the title of the vendor or the vendee and he has to take the bargain as it stands. (Paras 5, 9)
A pre-emptor is not entitled in a pre-emption suit to put the vendor on proof of his title to the property which he purports to..........
Punjab Pre-emption Act, 1913, Section 15(2) -- Sale of property by sons or daughters of a female who inherited it from their mother's father, their mother having predeceased - Governed by Clause (a) of sub - section (2) of Section 15. Sales by the sons or daughters of a female who inherited the property of their mother's father, their mother having predeceased, are..........
Punjab Pre-emption Act, 1913, Section 7, 16 -- Pre-emptor cannot succeed only on establishing his legal status of being a tenant - Must further prove existence of custom of pre - emption in the town or sub - division of the town in which property is situate - Section 7 is a kind of proviso to Section 16. The language of Section 7 of the Punjab Pre-emption Act shows that it..........
Pepsu Tenancy and Agricultural Lands Act, 1955, Section 8A -- Tenants joining strangers in the sale - Land sold to tenants exempt from pre - emption under Section 8A - Doctrine that a vendee by associating with himself a stranger sinks to the level of the stranger - Not applicable to case covered by Section 8A - Tenant does not lose his right with regard to his share in..........
