Punjab Pre-emption Act, 1913, Section 3(3), 8(2) -- Right of pre-emption - Urban immovable property located in a municipal area of Haryana - Notification of 1985 provides that right of pre-emption shall not exist in respect of sale of land falling in the areas of municipalities in Haryana - Land and immovable property are two different terms - Notification limits its..........
Punjab Pre-emption Act, 1913, Section 4 -- Right of pre-emption - Pre-emptor who claims right to pre-empt the sale on the date of sale, has also to prove that such right continued to subsist till passing of decree of first Court - If claimant losses the right or vendee improves his right equal or above the right of claimant before adjudication of suit, suit for pre-emption..........
Punjab Pre-emption Act, 1913, Section 4 -- Right of pre-emption - Plaintiff claiming his superior right to pre-empt the sale on the ground of being co-sharer in joint khewat - However, pending the suits, defendant filed the suit for partition before Revenue Court and khewat in dispute remained no more joint - Trial Court and Appellant Court rightly held, that plaintiff did..........
Right of pre-emption -- Co-sharers - Plaintiff purchased specific khasra numbers from three co-owners - On purchase of those shares, plaintiff became a co-sharer and by virtue of being co-sharer he would have a right to pre-empt the sale...........
Right of pre-emption -- Co-sharers - Plaintiff purchased specific khasra numbers from three co-owners - On purchase of those shares, plaintiff became a co-sharer and by virtue of being co-sharer he would have a right to pre-empt the sale...........
West Bengal Land Reforms Act, 1956, Section 8, 9 -- Pre-emption - Deposit of entire sale consideration with additional 10% of the sale consideration, alongwith pre-emption application is a statutory and mandatory requirement and it is a pre-condition before any further enquiry as contemplated u/s 9 of the Act is held - Non compliance of said mandatory provision would..........
West Bengal Land Reforms Act, 1956, Section 8, 9 -- Pre-emption - Non-deposit of entire sale consideration with additional 10% of sale consideration - Pre-emptors contended that they did not deposit said amount because they bonafidely believed that sale consideration mentioned in sale deed is in favour of vendee who is an outsider, was higher than actual sale consideration..........
West Bengal Land Reforms Act, 1956, Section 8, 9 -- Pre-emption - Contention regarding non-deposit of entire sale consideration with additional 10% of sale consideration by pre-emptors, raised first time before Supreme Court and therefore same be not permitted to be raised now - Said contention would go to root of matter on maintainability of pre-emption application as..........
Pre-emption -- Right of pre-emption taken away by Bihar Act therefore, right of pre-emption will stand abated on and after 25.2.2019 including proceedings which were pending before any forum - It is thus, open to respondents to withdraw 10% of pre-emption amount deposited by them...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Plea of plaintiff that plaint discloses triable issued as such plaint should not be rejected at the initial stage - Entire base of filing of suit is pre-emption agreement executed by Power of Attorney holder - To confer a right and to bind the owner, there has to be a valid Power of Attorney - In the..........
