CiteTEXT
...property issued during the pendency of the appeal against the decree of the trial court did not disentitle the plaintiff to maintain their claim of pre-emption already exercised, and in respect of...issue of the notification by the State Government excluding the land sold under the sale deed, dated May 9, 1958, executed by Khillu from the operation of the Punjab Pre-emption Act 1 ..., 1961, the Government of Punjab issued in exercise of the power conferred by sub-section (2) of Section 8 of the Punjab Pre-emption Act, 1913, a notification d...
....9. We next come to CA No. 595 of 1960. This relates to the Punjab Pre-emption Act, 1 of 1913, (hereinafter referred to as “the ...1960 which concerns the Punjab Pre-emption Act of 1913. The property involved in this case is a house situated in the city of Old Delhi. Section 16 of the Punjab ...old Delhi. We are concerned with Section 16 of the Punjab Act, which deals with urban immovable property and is in these terms:“The right of pre-emption in respe...
...question canvassed is whether the suit is governed by Article 10 of the Indian Limitation Act, 1908, or Section 30 of the Punjab Pre-emption Act (1 of ...Judgement
This is a defendant-vendees appeal from the judgment and decree of a learned Subordinate Judge, First Class, Chandigarh, passing a decree for pre-emption in...favour of the plaintiffs, who claim the right of pre-emption as sons of the vendor. The only question agitated on appeal relates to the limitation of the suit which is the subject-matter ...
..., Rikhi Ram, the purchaser, entered into possession, and began building operations, the same result would follow under S. 30, being the limitation section of Act 1, Punjab Statutes, 1913.*
...after the sale, would be excluded by the Limitation Act, namely, Act 9 of 1908, Sch. 1, Art. 10. It being admitted that at, or immediately after, the date of the sale...(1 of 1913), S.30 - Ed.]
The subject of the sale was certain land, which was in the nature of waste land, suitable for building, and in or in the immediate...
...Judge at Jhajjar for possession of the aforesaid lands covered by the three sales on the ground that he had a superior right of pre-emption on the basis of his relationship with the vendor as against the a.... The claim of Neki for pre-emption was based on Sections 14 and 15(1)(a) of the Punjab Pre-emption Act 1913 (Punjab Act 1 ...by the section itself. It is true that the right of pre-emption under Section 15(1)(a) of the Punjab Act of 1913 is a personal right in the sense that the claim ...
...Section 15 of the Punjab Pre-emption Act (Act 1 of 1913) hereinafter referred to as the Act. The property involved in these appeals are agricultural lands and i...before the repeal of the Punjab Alienation of Land Act, 1900, there were two principal limitations on the right of pre-emption in respect of “agricultural land:” (1) it ...dated December 29, 1949 in favour of the appellant—Dayal Singh. The claim to pre-empt was based on Section 15(c) “thirdly” of the Punjab Pre-emption Act, 1913 which has already b...
...SC 838, their Lordships of the Supreme Court, while considering the Punjab Pre-emption Act (1 of ...referred to Full Bench for an authoritative ruling. Thus, the question proposed to the Full Bench is whether the customary law of pre-emption is void under Article 13(1) read with Article...19(1)(f) of the Constitution.9. I may state at the outset that there is no dispute that the right of pre-emption is recognised by custom amongst the Hindus, who are either...
...:—“Punjab Pre-emption Act (1 of 1913), Section 15(1) Fourthly-Land sold shown under self cultivation of owner in the Jamanbandi and Khasra Girdawaris rig....1. Whether the plaintiff has got preferential right of pre-emption? OPP.2. Whether the sale price was paid or fixed in goof faith? OPP3. If issue No. 2 is...sale in question and that Chhelu was cultivating the land in dispute as a servant of Dharam Singh vendor. Es. P8 is the treasury receipt showing deposit of 1/5th pre-emption money by the plaintiff on...
...notification and dismissed the respondent's claim for pre-emption.4. However, when the appeal came on for hearing before us, learned counsel for the petitioner submitted that the respondent cannot exercise...counsel for the respondent contests the correctness of this contention, it is necessary to set out a few relevant details.5. The Punjab Pre-emption Act, 1913 confers a r...the joint family and it had not been sold by all the co-sharers they were entitled to claim the right of pre-emption under clause ‘Fourthly’ of Section 15(1)(b) of the Act because they ha...
...Court had occasion to consider the question whether a provision of the Rewa State Pre-emption Act which gave a right of pre-emption based on vicinage and the provisions of the ...survey number in respect of transfers of interests in that survey number. Referring to the provisions of the Berar Land Revenue Code, it was held that the law of pre-emption in Section 174 applied...constitutional validity of Section 15 of the Punjab Pre-emption Act, 1913 as applicable in the State of Haryana which incorporates this right is challenged. The State of...
...) The contention marked b (paragraph 11) rests on (9) bisan singh v. Khazan singh, air 1958 sc 838, a case under the punjab pre - emption act, 1 of 1913, section 19...matters forward for the opposite party. One such statue is the rewa pre - emption act 1946, sections 12 and 13 of which are akin to sections 19 and 20 of the punjab ...noticed. The other statute is the punjab act itself. The precisions in both prescribing pre - emption on the both of vicinage are struck down. The third one is the berar land revenue code 1928 giving the...
...the Court of Sub-Judge, Ist Class, Sirsa under Section 15(1)(b) of the Punjab Pre-emption Act, 1913 on 18-7-1980 for pre-emption of the land from the a...appeals, the Haryana Pre-emption Amendment Act, 1995 (Act No. 10 of 1995) came into force w.e.f 7-7-1995. The question arises: whether the respondents are entitled to pre-emption. This co...pending disposal. Since the statute had intervened and the Act has taken away the right of pre-emption of the co-owners and confined the right and remedy to be only in favour of the tenants, the r...
.... Baij Nath Singh (supra) in which the Apex Court while interpreting the provisions of Section 16 of the Punjab Pre-emption Act, 1 of 1913 analogous to the provision.... 1. The respondent Nos. 1 and 2-plaintiffs, therefore, had filed the suit for the enforcement of their right of pre-emption under the provisions contained in the Rajasthan Pre-...6 of the said Act. According to him therefore, the right of pre-emption would not accrue to the respondent Nos. 1 and 2-plaintiffs on the transfer to the person mentioned in Section 6, as contempl...
...Pre-emption Act 1 of 1913 (hereafter called the Act) as amended. Facts relevant for our purposes, as discernible from the judgment of the learned Single Judge are that o...amendment of the Act by means of the Punjab Pre emption (Amendment) Act 13 of 1964 which added the words “husband of the between the words “s...whether it governs the present use.6. Sections 15 and 16 of the Act along with some other provisions thereof were amended by the Punjab Pre-emption (Amendment) Act ...
...of the High Court of Punjab and Haryana in Chandrup Singh v. Data Ram 1982 Punj LR 771 (FB) in which it had been held that a statutory right ...precedent, it is held that the purely statutory right of pre-emption, resting wholly on blood relationship alone under Section 15(1) of the Punjab Pre-emption Act, is no...that the statutory right of pre-emption under the Punjab Act was not a heritable right and no decree for pre-emption should have been passed by the lower court in favour of the l...
...restoration of his tenancy together exceeds four years.shall, in preference to the rights of other pre-emptors as provided in the Punjab Pre-emption ...seeking pre-emption in respect of a portion of the said land under the Punjab Pre-emption Act, 1913. The suit was decreed in favour of the respondent. The appel...provides for the procedure for claiming a right of pre-emption. According to the appellant, the substantive right of pre-emption has been provided in the Punjab Security of Land ...
...Shyamsunder v. Ram Kumar (Supra) a constitution bench of the Apex Court dealing with Punjab Pre-emption Act, (1 of 1913), while interpreting Se...substituted by Haryana Amendment Act, 1995 which vests right of pre-emption in tenant has held that the rule of benevolent construction cannot be applied to give retrospective...-(1)(i) the commission of a terrorist act within the meaning of sub-section (1) of Section 3 of the Terrorist and Disruptive Activities (Prevention) Act, 1987 (28...
...of the agreement is concerned. The second case was also a case under the Punjab Pre-emption Act (1 of ...the transferee, with notice of the contract, or, in other words, the plaintiff claims a right of pre-emption under the said agreement.5. The defence taken is that the agreement does...not confer any right of pre-emption on the plaintiff. It was further contended that the agreement is hit by the rule of perpetuity as embodied in...
...for possession of the suit land on payment of Rs 33,000 claiming that they were entitled to the right of pre-emption in respect of the suit land either under clause “First”, or “Secondly” ...Prakash case (1986) 2 SCC 249 they were entitled to claim the right of pre-emption under clause “Fourthly” in Section 15(1)(b) of the Act. Section 15(1)(b) reads thus:...co-sharers they were entitled to claim the right of pre-emption under clause “Fourthly” of Section 15(1)(b) of the Act because they happened to be the non-alienating co-sharers. Although ...
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CITATOR INFO :
RF 1979 SC1066 (1,8)
R 1988 SC 726 (2,3,4,6,7)
RF 1991 SC 373 (5)
ACT:
Punjab Pre-.... 14 and 15(1)(a)Statutory right of Pre-emption-Whether heritable. Punjab Pre-emption Act as amended by Punjab Act 10 of 1960, s. 31-Whether bar to dec...legal representatives. HELD : The appeals must be dismissed.
(i) The statutory right of pre-emption though not amounting to an interest in the land is a right which attaches to the land and which can be ...