Punjab Pre-emption Act,1913(as applicable to Haryana State) -- Sale of land by co-sharer - Plaintiff filed suit for pre-emption of said sale on the ground of being co-sharer - During the pendency of the appeal plaintiff sold his share of land - Held, sale of land during pendency of appeal is not sufficient to non suit the plaintiff...........
Punjab Occupancy Tenants (Vesting of Proprietary Rights) Act, 1952 -- Occupancy tenant - Rights of ownership acquired by father by virtue of Act - It will be self acquired property - Land acquired by him through pre-emption decree - It will also be self acquired property...........
Punjab Pre-emption Act, 1913, Section 15 -- Land owner selling his land in the year 1980 - Provision of Section 15 of the Punjab Pre-emption Act declared to be ultra vires of the Constitution - Son of land owner has no right to seek possession by way of pre-emption under Section 15 of the Act...........
Pre-emption -- Tenant entitled to pre-empt whole of sale in case he is proved to be tenant even over part of property sold - Plaintiff were in possession of half of sold land as tenants, therefore, suit for pre-emption was liable to be decreed in totality and not half portion by treating them to be in possession as tenants of half portion only - Plaintiff held entitled to..........
Punjab Pre-emption Act, 1913, Section 15(1) -- Sale of land - Suit for pre-emption - Cannot be filed by a person who is in possession of land as a servant of vendor and not as a tenant - In order to succeed in suit for pre-emption, the pre-emptor has to prove his right at the time of filing of suit and then during the period of suit and thereafter, till passing of the..........
Punjab Pre-emption Act, 1913, Section 19 -- Suit for ejectment of tenant decreed - Tenant continued in possession after ejectment order - Order of ejectment stayed by the appellate authority - Landowner selling land despite stay order - Held, ejectment order obtained by landlord, against the tenant, although not executed, puts an end to the relationship of landlord and..........
Punjab Pre-emption Act, 1913, Section 7, 16 -- Pre-emption - Property situated outside the walled city of Hisar - Custom of pre-emption applicable to the property within the walled city - Ispo fact cannot be applied to property situated outside the walled city in absence of proof of custom that it is also applicable to property situated outside the walled city...........
Punjab Pre-emption Act, 1913, Section 4, 15 -- Sale of land described as Gair Mumkin Bara in the revenue record - Held, co sharer of land not entitled to pre-emption even though it is not an agricultural land - It shall remain village immovable property if the land is situated in the village and the provisions of Section 15 of the Act shall be applicable to such land...........
Civil Procedure Code, 1908, Section 100, Order 41, Rule 27 -- Second appeal - Suit for possession by way of pre-emption - Rejection of application for production of additional evidence in appellate Court - Since events occurring after passing of decree are irrelevant for adjudicating right of pre-emption and such evidence deserves to be rejected - Rejection of application..........
Punjab Pre-emption Act, 1913, Section 15(1)(b) -- Co-owner - Sale of specific portion - Sale by a co-sharer of specific portion out of joint holding is nothing but sale of a share out of joint holding and is pre-emptible u/s 15(1)(b) of the Act...........
