Civil Procedure Code, 1908, Section 148, Order 20, Rule 12 -- Pre-emption suit - Decree - Deposit of pre-emption money - Extension of time - Deposit in decree - Provision of O.20.R.14 is mandatory - Failure to comply with direction amounts to dismissal of suit - Provision of S.148 is not applicable in a suit dealing with pre-emption - Time for deposit of pre-emption money..........
Pre-emption -- Custom - Suit for possession by way of pre-emption of the property within Municipal limits - No custom whereby right to pre-empt is available in Municipal limits of Narnaul...........
Civil Procedure Code, 1908, Section 9, Land Acquisition Act, 1894, Section 30 -- Dispute regarding entitlement of compensation - Bar of jurisdiction of Civil Court - Suit for declaration regarding establishment of title over the suit property on the basis of decree for pre-emption - Suit property acquired by State - Trial Court holding plaintiff owner of suit property -..........
Punjab Pre-emption Act, 1913, Section 15(1)(b) -- Preferential right to Pre-empt - Co-sharer - Vis-a-vis exclusive owner - Vendor exclusive owner of land - Sold specific portion of land - Vendor sold remaining land to other persons - Suit for possession by way of pre-emption by first vendee - Decreed after relying Full Bench in Bhartu's case - Ratio of Bhartu's case not..........
Land Acquisition Act, 1894, Section 23 -- Assessment of Market value - Collector assessed market value of Chahi/Nehri & Gair Mumkin land as Rs. 40, 000/- per acre and Rs. 30, 000/- per acre for Barnai Land - Reference Court relying on sale deed Ex P-6 assessed market value of entire acquired land at the rate of Rs. 82, 353/- per acre - Declined enhancement for the gap of..........
Transfer of Property Act, 1882, Section 52 -- Lis pendens - Suit for pre-emption - Doctrine of lis pendens applies to a suit for pre-emption - Doctrine of lis pendens does not allow the litigating parties pending the litigation to transfer their rights in the property in dispute so as to defeat or prejudice the right of the pre-emptor...........
Transfer of Property Act, 1882, Section 52, Punjab Pre-emption Act, 1913, Section 15 -- Doctrine of lis-pendens applies to suit for pre-emption - Doctrine does not allow the litigating parties, pending litigation, to transfer their rights in the property in dispute so as to defeat or prejudice the right of pre-emptor...........
Transfer of Property Act, 1882, Section 52, Punjab Pre-emption Act, 1913, Section 15 -- Any transaction or transfer by way of sale, collusive decree etc. taking place during the pendancy of the suit of the pre-emptor to pre-empt the sale - Doctrine of lis-pendens apply - Right of pre-emptor being superior right, cannot not be defeated or pre-judiced - Suit of pre-emptor..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Ground that plaintiff has no legal and constitutional right of pre-emption - Same cannot be considered while deciding application U.O.7.R.11 CPC - Court has only to see whether plaint discloses cause of action - Rejection of plaint, held, not proper...........
Punjab Pre-emption Act, 1913, Section 22(iv) -- Co-sharer - Preferential right to pre-empt - Failure to deposit pre-emption amount - Plea when available - Suit decreed by Courts below - Stipulation in the decree that on failure to pay pre-emption amount suit shall stand dismissed - Second Appeal by vendee - Contention that suit should be deemed to have been dismissed on..........
