Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - `To do all lawful acts' a clause in the power of attorney does not authorise the attorney to sell the land - Acts mentioned in the Power of Attorney are in respect of Court proceedings - There is no clause permitting attorney to sell the property or to enter into any agreement to sell - In the absence of..........
Rajasthan Pre-emption Act, 1966, Section 9, 21, Limitation Act, 1963, Article 97 -- Right of pre-emption - Cannot be enforced for an indefinite number of transactions - It is only exercisable for first time when cause of such a right arises in a situation where plaintiff pre-emptor chooses to waive such right after Rajasthan Pre-emption Act becoming operational - S.9 of..........
Pre-emption suit -- Right of a pre-emption is required to be settled at earliest either on preemptor`s proving his qualification to pre-empt on date of sale, on date of filing of suit, and on date of decree of Court of first instance or vendee improving his status till adjudication of suit for pre-emption and after adjudication of suit any loss of qualification by..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence - Right of pre-emption - Sale deed has come in existence during pendency of present 1st appeal and it was never sought to be produced before 1st appellate Court despite the fact that after its execution, 1st appeal remained pending decision for about 4 years and 9 months - Moreover, it is not mentioned or..........
Rajasthan Pre-emption Act, 1966, Section 5(1)(c), 6(1)(ii), 6(3) -- Right of pre-emption - Plaintiff and defendant no.2 were joint owners in possession of disputed courtyard having half share each - Defendant no.2 sold his house and disputed courtyard to defendant no.1 - Plaintiff has a superior right of pre-emption by virtue of provisions of S.6(3) of Rajasthan..........
Pre-emption -- Before granting relief of pre-emption to a registered sale deed, Court has to be certain about existence of superior right, a tenant claim - Such superior rights cannot be permitted to be exercised only on basis of assumptions...........
Specific Relief Act, 1963, Section 39 -- Mandatory injunction - Suit for mandatory injunction not maintainable for enforcing a pre-emption right...........
Registration Act, 1908, Section 17 -- Right of pre-emption based on u, registered agreement - Pre-emption right being a partial restraint over right of owner restricting its transfer and alienation, though not creates any immediate right, title or interest over property when property is put in sale - Restraint on transfer and right of transfer are two sides of same coin..........
Right of pre-emption, Rule zz - - Pre-emption is a right of claiming or purchasing property before or in preference to others when it was put for sale...........
Right of pre-emption - - Pre-emption right claimed should find a place in document of conveyance either by gift, partition, settlement or sale and it may be either based on customary right or practice prevailed - Right of pre-emption can also be created by contract between parties...........
