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right-Pre-emptor filing suit and
obtaining decree-Second pre-emptor of equal degreefiling
suit for Pre-emption First ... right of
pre-emption equal to that of the pre-emptor in recognition
of that person's right
Supreme Court of India
therefore, entitled to
exercise the right of pre-emption.
The courts below negatived his contention following the
decision of this ... sharer,
as entitled to claim the right of pre-emption under clause
'fourthly'of section 15(1)(b) and that
Supreme Court of India
that in a suit for
pre-emption, the pre-emptor must prove his right to preempt upto the
date ... that in a suit
for pre-emption, the pre-emptor must possess his right to pre-empt
right from
Supreme Court of India
applicable in the State of Haryana, incorporates the right
of pre-emption based on consanguinity. The petitioners
challenged this right ... rights of full ownership and their
kinsfolk have no present right whatsoever. [418 C-F]
3.4 The right of pre
Supreme Court of India
sale deed was a subterfuge to defeat the
right of pre-emption.
The question for decision was (1) whether ... fraud in that in order
to defeat the right of pre-emption the deed of sale was not
executed
Supreme Court of India
pre-emption ), the pre-emptor should
have vested ownership and not a mere
expectancy of inheritance or a reversionary
right ... right to pre-
empt as against another co-sharer and as a
mukarraridar could not claim pre-emption
Supreme Court of India
Banaras or are domiciled
therein.
When a right of pre-emption rests upon custom it becomes the
lex loci ... part of the custom
itself.
The right of pre-emption is an incident of property and
attaches to the land
Supreme Court of India
prescribes period of limitation for applying to
enforce pre-emption rights, it does not speak of
application of Section ... right is called the primary or
inherent right. (2) The pre-emptor has a
secondary right or a remedial right
Supreme Court of India
Nasiban who
could not, any more, claim any right of pre-emption; (4) That the suit
was defective inasmuch ... pre-emption
meaning of term "stranger" in relation to 'pre-emptor' being a person
who has not the right
Rajasthan High Court
chapter is headed "As to the custom of right of
pre-emption." In regard to the precise English equivalents ... expressed in the clause was that the right of
pre-emption should exist only so long as the village remained
Allahabad High Court
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