Civil Procedure Code, 1908, Order 7, Rule 1(d), Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 32, Rule 3 -- Pre-emption suit against vendees - Vendees minors when suit filed - Non-disclosure of minority of defendants in plaint - Not fatal to suit - Application for making appointment of a guardian at litem - Can be made after expiry of..........
Punjab Pre-emption Act, 1913, Section 15(1)(a) - - Tenant claiming pre-emption - Forcible dispossession by vendee after sale-Court found plaintiff-pre-emptor was a tenant of suit land on the date of sale-No allegation or proof that tenancy determined or terminated on any of the grounds specified in the Statute - Tenant applied for restoration of tenancy - Deemed to be..........
Punjab Pre-emption Act, 1913, Section 15(1) -- Sale of land under joint tenancy - Suit for pre-emption filed by one of the tenants-Competent-One of he co-tenants can maintain a suit for pre-emption..........
Punjab Security of Land Tenures Act, 1953, Section 17A -- Tenant associated strangers with him while purchasing land - Entitled to benefit of Section 17-A - Tenant's share exempt from pre-emption...........
Punjab Security of Land Tenures Act, 1953, Section 17A -- Tenant associated strangers with him while purchasing land - After institution of pre-emption suit tenant purchased the shares of stranger-vendees - Hit by Section 21-A of Punjab Pre-emption Act - Tenant cannot claim protection against pre-emption under Section 17-A regarding subsequent purchase of land from..........
Punjab Security of Land Tenures Act, 1953, Section 17A -- Sale of land to a tenant along with two strangers - Tenant only on a part of land sold - Not entitled to retain 1/3rd share of whole of land sold - Tenant entitled to benefit of Section 17-A qua 1/3rd share of laud under his tenancy - Punjab Pre-emption Act (1 of 1913), Section 15...........
Civil Procedure Code, 1908, Section 144 -- Mandatory - Duty of Court when a decree has been reversed to cause restitution so as to place parties in their previous position - Pre-emption suit decreed and vendee's first appeal dismissed - Pre-emptor got possession of land in execution of preemption decree - Vendee's second appeal accepted and suit of pre-emptor dismissed -..........
Punjab Pre-emption Act, 1913, Section 15(1)(a) -- Fourthly - Conditional order of ejectment - Tenant to be dispossessed from land under his tenancy only when resettled on surplus land - Ejectment order determines tenancy - Relationship of landlord and tenant ceased to exist between the parties after passing of ejectment order - Tenant ceased to be tenant on the land - No..........
Punjab Pre-emption Act, 1913, Section 20 -- Waiver - There must be concrete offer to purchase to pre-emptor before a definite contract for sale has been concluded with another person...........
Punjab Pre-emption Act, 1913, Section 31 -- Applicability of - Not necessary that a specific plea should be taken by any party or that there should be a specific issue on the point - Duty cast upon Court not to pass a decree in a suit for pre-emption inconsistent with provisions of Punjab Preemption Amendment Act, 1960 - Court bound to perform its own duty as enjoined by..........
