Punjab Pre-emption Act, 1913, Section 11 -- Amount deposited or paid into Court by pre - emptor under the Act or Code of Civil Procedure - Not liable to attachment in execution of decree or order of a Civil, Criminal or Revenue Court or a Revenue Officer - Amount taken away against the provisions of Section 11 - Preemption suit cannot be defeated. Section 11 of the Punjab..........
Pepsu Tenancy and Agricultural Lands Act, 1955, Section 8A -- Pre-emption suit - Plea of vendee that sale immune from pre - emption being in favour of tenant - Matter should be decided on preponderance of evidence both oral and documentary - Not necessary for vendee to conclusively prove that he was tenant on the land under the vendor at the time of sale - Punjab..........
Punjab Security of Land Tenures Act, 1953, Section 17A(1) -- Scope of - Sale of land to tenant holding it as a tenant jointly with others - Not subject to preemption - Protection extends to entire holding. The reading of the proviso alongwith sub-section (1) of Section 17-A of the Punjab Security of Land Tenures Act makes it clear that the sale of the land to a tenant who..........
Civil Procedure Code, 1908, Order 20, Rule 14, Civil Procedure Code, 1908, Order 21, Rule 2 -- Satisfaction of decree - Open to decree - holder and judgment - debtor to change or adjust the decree - Preemption suits decreed and two separate decrees passed in terms of Order 20 Rule (4 - Vendee accepting from pre - emptor amount which falls short of decretal amount - Rival..........
Punjab Pre-emption Act, 1913, Section 15(1)(b) -- Sale of specific Killa numbers of joint land - Does not make the purchaser a co - sharer in joint Khata. The important words in Section 15(1)(b) of the Punjab Pre-emption Act are that the sale which is liable to be pre-empted under this clause, must be a sale "of a share out of joint land". If the sale is not of a share out..........
Punjab Pre-emption Act, 1913, Section 15(2) -- Sale of property by sons or daughters of a female who inherited it from their mother's father, their mother having predeceased - Governed by Clause (a) of sub - section (2) of Section 15. Sales by the sons or daughters of a female who inherited the property of their mother's father, their mother having predeceased, are..........
Punjab Pre-emption Act, 1913, Section 7, 16 -- Pre-emptor cannot succeed only on establishing his legal status of being a tenant - Must further prove existence of custom of pre - emption in the town or sub - division of the town in which property is situate - Section 7 is a kind of proviso to Section 16. The language of Section 7 of the Punjab Pre-emption Act shows that it..........
Civil Procedure Code, 1908, Order 20, Rule 14 -- Preemption decree is for possessio, Nature of possession that pre - emptor is entitled - To be determined by Executing Court - By sale tenancy rights do not come to an end. Once a plaintiff makes out his claim for pre-emption he is entitled to a decree. The form of the decree is prescribed under Order 20, rule 14, Civil..........
Punjab Pre-emption Act, 1913, Section 4, 8(2) -- Vendee selling within one year portion of land purchased - Sale to subsequent vendee exempt from pre - emption under Section 8(2) - Suit for pre - emption of original sale - Subsequent vendee cannot urge that sale in his favour not pre - emptible. If after the sale the vendees sold a portion of the land purchased by them to..........
Punjab Pre-emption Act, 1913, Section 4 - - Sale - Splitting up of - Plaintiff's right of pre - emption extending to only part of sale - Sale to be split up into two parts, one to which right of preemption extends and the other to which right of pre - emption does not extend. Where it was contended that the bargain of sale must be looked upon as a whole and that the vendee..........
