Transfer of Property Act, 1882, Section 40 -- Right of pre-emption - Action u/s 40 of the Act cannot be maintained against a transferee for consideration without notice of existing pre-emption right...........
Indian Contract Act, 1872, Section 25 -- Void agreement - Right of pre-emption based on u, registered agreement - Not supported by consideration would only be a void agreement by virtue of S.25 of the Act and thus, cannot be enforced...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Cause of action - Sale of property, of which ownership derived, by partition and memorandum of partition - Partition and memorandum of partition not denied - Claim of right of pre-emption or repurchase - Sale of property of which ownership derived by partition and memorandum of partition are legal rights..........
Pre-emption -- Is not right of re-purchase...........
Civil Procedure Code, 1908, Section 47 -- Execution - Objections - Decree for pre-emption - Where plaintiff who acquires title from a preemptor by virtue of a registered document being transferee, is not prevented from filing a suit for vindication of grievance, instead of invoking provisions of S.47 CPC...........
Mohammedan Law -- Right of pre-emption - Presence of two persons while performing Talab-e-ishad (formal demand) is a mandatory requirement - Failure to name such witnesses in pleadings will carry an adverse inference against person seeking enforcement of pre-emptory right - Plaintiff held, not entitled to exercise right of pre-emption...........
Co-sharer -- Right of pre-emption - Plaintiff has no knowledge of intention of co-sharer to sell suit land - Though sale deed was not produced in evidence but purchaser has admitted the fact that he has purchased the suit land - Thus, Courts below have erroneously concluded that sale deed when on record cannot be cancelled for reasons that there being no dispute qua..........
Civil Procedure Code, 1908, Order 9, Rule 13, Punjab Pre-emption Act, 1913, Section 15 -- Ex parte decree - Setting aside - Suit for possession on the basis of right of pre-emption granted to a co-sharer - Plaintiff's right of pre-emption stood extinguished by virtue of amendment to the Act, at the date when fresh decree by Court of first instance after setting aside ex..........
Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961, Section 16(3)(i), Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Rules, 1963, Rule 19 -- Pre-emption application - Non-compliance of R.19 and Form L.C. 13 of Rules 1963 - Appellant deposited ten percent of purchase money as required u/s 16(3)(i) of Act -..........
Court Fees Act, 1870, Section 7(vi), Suits Valuation Act, 1887, Section 3 -- Court fee - Suit seeking relief of pre-emption - Plaintiffs are required to value the relief at 20 times the land revenue - Order directing payment of ad valorem Court fee in respect of reliefs claimed in suit is not proper...........
