Civil Procedure Code, 1908, Order 14, Rule 2(2) - - Preliminary issue in pre-emption Suit - Objection that Government notification exempts suit land from pre-emption - Government notification has force of law - Issue relating to bar of suit on strength of Government notification - Can be tried as preliminary issue - General rule that Court expected to pronounce judgment on..........
Punjab Pre-emption Act, 1913, Section 20, 19 -- Waiver of right of pre-emption - Mere fact that one of the pre-emptor-plaintiffs signed agreement of sale - Conveys neither directly nor by implication any knowledge of contents of document - Not sufficient to prove waiver - Incumbent on vendee in order to prove waiver that pre-emptor-plaintiffs knew about contents of..........
Punjab Pre-emption Act, 1913, Section 15(1) -- Tenant's right of preemption - Right of pre-emption a piratical right, not true in case of tenant - Tenant when claims pre-emption, considerations are always different - Tenancy once proved, tenant cannot be deprived of right of pre-emption without there being cogent and reliable evidence of waiver...........
Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 1, Rule 10 -- Amendment of plaint in pre-emption suit - Impleading of a vendee as a defendant after expiry of period of limitation - All persons shown as vendees in Certified Copy of Sale Deed impleaded - No reason to suspect error in Certified Copy - No evidence to show that on date of suit..........
Punjab Pre-emption Act, 1913, Section 8(2) -- Mere filing of suit for preemption - Does not take away power of State Government to give exemption from pre-emption - During pendency of pre-emption suit notification issued by State Government under Section 8(2) declaring that no right of pre-emption in respect of disputed sale - Land exempted from pre-emption for setting up..........
Punjab Security of Land Tenures Act, 1953, Section 17A, Punjab Pre-emption Act, 1913, Section 15 -- Sale of tenancy land in favour of tenant - Protected from pre-emption - Tenant entitled to protection to the extent he purchased land - Land purchased in equal shares by four brothers - One of the vendees a tenant on the land under vendor - One-fourth share of land purchased..........
Punjab Pre-emption Act, 1913, Section 4, 15(1)(b) -- Co-sharer claiming right of pre-emption - Partition' of joint holding - Pre-emptor having right of pre-emption on date of sale, on date of suit and also on date of decree by trial Court - Subsequent partition order by Collector during pendency of appeal - Of no consequence - Cannot affect pre-emption right - Right of..........
Punjab Pre-emption Act, 1913, Section 15(1)(b) -- Sale by co-sharer of specific Khasra number and not a share in joint holding - Pre-emptible - Bhartu's case 1981 P. L. J. 204 F. B. Followed...........
Punjab Pre-emption Act, 1913, Section 15(1) -- Scope of - Right of pre-emption resting wholly on blood-relationship a one - Not heritable - Death of plaintiff-pre-emptor during pendency of trial and before decree made in his favour - Statutory right of pre-emption based on blood-relationship in essence a purely personal right, not heritable and dies with plaintiff..........
Punjab Pre-emption Act, 1913, Section 4 -- Pre-emption right - Canon of construction in context of Pre-emption Law - Right of pre-emption a piratical right - A fetter on right to hold property - Should be strictly construed - All legitimate means may be taken to defeat a right of pre-emption, if possible - 1982 P. L. J. 156 F. B. Followed - Interpretation of Statutes...........
