Total Pageviews

Sunday, April 11, 2010

PUNJAB PRE-EMPTION ACT, 1913

PUNJAB PRE-EMPTION ACT, 1913
Pre-emption--It is essential for the plaintiff in a suit of pre-emption to prove his tenancy on the date of sale and does not lay down that even if in the absence of proof of tenancy decree is required to be passed merely on the basis of possession.; Chhelu Ram v. Dan Singh.,: 2010(1) Law Herald (P&H) 521
Suit for pre-emption--In order to succeed in suit for pre-emption the pre-emptor has to prove his right at the time of filing of the suit and then during the period of suit and thereafter, till passing of the decree by the trial court--It is not possible for the pre-emptor to seek pre-emption by perfecting his right of pre-emption after decree is passed by the Civil Court--If on the date of decree, right of pre-emption is not available, the same cannot be perfected subsequently.; Chhelu Ram v. Dan Singh & Ors.,: 2010(1) Law Herald (P&H) 521
S.15(1)--Right of Pre-emption--On date of sale revenue entries showed vendor to be owner in possession of suit land--Basis to claim tenancy by the appellant was only on the order passed subsequent to the sale--Deposit of rent is also subsequent to the sale and there was no evidence, whatsoever, prior to the sale--Plaintiff not entitled for decree for possession by way of pre-emption.; Chhelu Ram v. Dan Singh & Ors.,: 2010(1) Law Herald (P&H) 521