Punjab Pre-emption Act, 1913, Section 21A -- Father of some of the vendees holding land under tenancy from vendor - During pendency of pre-emption suit death of tenant - Tenancy rights inherited by some of the vendees - Status of some of the vendees who acquired tenancy rights by succession during pendency of pre-emption suit became that of tenants of land - Improvement in..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment - First point to be considered whether the application is bona fide - Another rule not to take away a valuable right that has accrued by lapse of time - Held, that the lower appellate court had no right to allow the plaintiff to amend the plaint at the appellate stage when the objection regarding the suit being bad..........
Punjab Security of Land Tenures Act, 1953, Section 17 -- A(1) - Query - Pre-emption suit - Vendee - tenant specifically pleading bar of Section 17A - Court on evidence finds that vendee is in fact not a tenant and a decree for pre - emption passed - Whether vendee can again plead bar of Section 17 - A in execution proceedings - Effect of Explanation IV to Section 11 Civil..........
Civil Procedure Code, 1908, Section 11, Order 6, Rule 2 -- Finding recorded on a matter by the Court in absence of pleadings - Obiter dicta.
Findings recorded on a matter by a Court in the absence of pleadings thereon is obiter dicta. (Para 8)
Where in a pre - emption suit the vendee did not lead evidence that he was a tenant of the land in dispute and did not raise..........
Punjab Pre-emption Act, 1913, Section 4, 21 - - Pre-emptor entitled to assume that person named in sale - deed is real vendee and not a Benamidar - Preferential right of pre - emptor to be seen vis - a - vis real vendee and not that of ostensible purchaser - Real purchaser - Not a necessary party to pre - emption suit - May be impleaded as a proper party.
The pre -..........
Punjab Pre-emption Act, 1913, Section 17, 28 -- Preemption suit - Sale by vendee of suit property during pendency of proceedings to a person who has right of pre - emption equal to that of pre - emptor - Doctrine of lis pendens not attracted - No difference whether sale effected voluntarily by the vendee or by virtue of a decree. If the sale is by vendees of the suit..........
Punjab Pre-emption (Repeal) Act, 1973, Section 2, 3 -- Effect on pending appeals - Pre-emptors' appeal - Must fail - Vendees' appeal - Has to be allowed. A conscious departure from the provisions of Section 2 of the Punjab Pre-emption (Repeal) Ordinance, 1973, was made when the Punjab Preemption (Repeal) Act, 1973 was enacted. The intention of the Legislature is quite..........
Punjab Pre-emption Act, 1913, Section 4, 2 - - Preemption suit on the ground of being co - sharer - Partition of land during pendency of pre - emption suit - Appeal against order of partition pending during pendency of pre - emption suit - Pre-emptor ceased to be co - sharer on the date of partitio, Not entitled to preempt being not a co - sharer on the date of decree...........
Punjab Pre-emption Act, 1913, Section 15 - - sections (1) and (2) - Sale of land by widow - Pre-emption suit on two grounds: (i) collaterals of last male - holder; and (ii) co - sharers in the holding - Portion to which widow succeeded through her husband - No right of pre - emption as Section 15(2) applicable - Portion which devolved on widow not in the modes contemplated..........
Punjab Pre-emption Act, 1913, Section 3(5)(a) - - Sale in execution of decree for specific performance of agreement to sell - Pre-emptible. Sale in execution of the decree for specific performance of the agreement to sell passed in favour of the vendees is pre-emptible. (1965 P. L. R. 74 Reiterated) (Para 5) The words in Section 3(5)(a) of the Punjab Pre-emption Act are..........
