Civil Procedure Code, 1908, Order 7, Rule 11(a) -- Rejection of plaint - Cause of action - Plaintiff claims a right of pre-emption consequent upon registration of sale deeds in favour of applicant by other defendants in suit - Whether plaintiff would succeed on such a cause of action is too early to predict and such issue should stand to trial - It cannot be said that..........
Co-owner -- A co-owner can transfer his share during his life time or by way of a will so as to take effect after his death - Other co-owners, generally as a rule, will have no right to prevent a co-owner from alienating his share in the co-ownership property - However, probable exception to this rule is a case where a right of pre-emption or other rights under a covenant..........
Pre-emption -- Right to - Held, preparation of `Naksha Be' cannot amount to cessation of ownership - It is instrument of partition which will create division - Suit had been disposed of on 27.08.1983 and sanad takseem had been prepared only subsequently on 29.08.1983 - Partition could not be said to have been effected on the date when suit was disposed off - Right to..........
Rajasthan Pre-emption Act, 1966, Section 6 - - Right of pre-emption - Cannot be based on vicinage - Where adjoining owner has an alternative access to his plot, right of pre-emption cannot be claimed...........
Punjab Pre-emption Act, 1913, Section 4, 12, 15 -- Right of pre-emption - Plaintiff duly proved his tenancy over suit land - Held, plaintiff has superior right of pre-emption...........
Punjab Pre-emption Act, 1913, Section 30, Limitation Act, 1963, Article 10 -..........
Partition Act, 1893, Section 3, 4, Civil Procedure Code, 1908, Order 21, Rule 89 -- Right of pre-emption - Exercise of - Preliminary decree for partition - Auction held in execution proceedings - Pre-emptive right of purchase not exercised at stage when sale certificate was to be issued or when matter was remanded by High Court for re-determining reserve price - Held,..........
Punjab Pre-emption Act, 1913, Section 15 -..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Pre-emption suit - Petitioner has not been able to bring anything to show that the gift from respondent Nos.1 to 3 to respondent No.4 was sham and in true sense it was `sale' or `transfer' as defined under the Pre- Emption Act - Held, rejection of plaint proper...........
Punjab Pre-emption Act, 1913, Section 15 -- Pre-emption - Amendment in S.15 of the Act during pendency of suit - Amendment came into force, deleting the right of pre-emption - In the absence of such right on the date of passing of the decree by the court of first instance plaintiff had lost the character of co-owner during the pedency of the suit by virtue of the amendment..........
