Punjab Pre-emption Act, 1913, Section 19 -- Provision of S.19 of the Act is mandatory - In order to defeat the right of the pre-emptor, law has been enacted in such a fashion that before the property is sold, in order to avoid a litigation in the Court, a notice u/s 19 of the Act is required to be served by the Vendor to the other co-sharer disclosing his intentions about..........
Punjab Pre-emption Act, 1913, Section 15(1)(b) -- Plaintiff filed suit to pre-empt sale made by his brother in favour of defendant by claiming himself to be related to vendor and being co-sharer - Suit dismissed for the reason that vendee being a lady, sale could not be pre-empted - Held partial pre-emption is not permissible - Therefore, once it is found that one of the..........
Co-sharers -- Injunction against other co-sharer - Land not partitioned amongst co-sharers - Sale of land - Vendee becomes the co-sahrer in the suit property - Since land continues to be joint, the exclusive possession of the appellant thereon as pleaded and claimed by him cannot be said to have been established - A co-sharer who is not in actual physical possession of a..........
Sale -- By co-sharer - An undivided share of co-sharer may be a subject matter of sale, but possession cannot be handed over to the vendee unless the property is partitioned by metes and bounds amicably and through mutual settlement or by a decree of the Court...........
Co-sharers -- Sale of land described by particular Khasra numbers and putting vendee in possession of the land in his possession - Held, such sale is sale of right by a co-sharer in the said land and the right to remain in its exclusive possession till the joint holding is partitioned amongst all co-sharers...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Co-sharer - Sale of specific khasra numbers - Plaintiff in possession of which specific khasra numbers not shown - Partition not reflected in revenue record - Subsequent vendee would hold the land as a co-sharer and would not be in exclusive possession of any portion of the joint holding till..........
Punjab Pre-emption Act, 1913, Section 15(1), (2) -- Claim for superior right of pre-emption - Plaintiff filed suit to pre-empt sale made by vendor in favour of defendant by claiming himself to be related to vendor and being co-sharer - Plea of vendor that he and his sister were jointly owners of half of suit land and also plaintiff cultivating separately - Vendee has..........
Co-sharer -- Joint land - Sale by co-sharer - Exclusive possession of the portion of the land - Can deliver the possession of said land to the vendee at the time of sale...........
Punjab Pre-emption Act, 1913, Section 15(1)(b) -- Preferential right to Pre-empt - Co-sharer - Vis-a-vis exclusive owner - Vendor exclusive owner of land - Sold specific portion of land - Vendor sold remaining land to other persons - Suit for possession by way of pre-emption by first vendee - Decreed after relying Full Bench in Bhartu's case - Ratio of Bhartu's case not..........
Punjab Pre-emption Act, 1913, Section 22(iv) -- Co-sharer - Preferential right to pre-empt - Failure to deposit pre-emption amount - Plea when available - Suit decreed by Courts below - Stipulation in the decree that on failure to pay pre-emption amount suit shall stand dismissed - Second Appeal by vendee - Contention that suit should be deemed to have been dismissed on..........
