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VINIT KUMAR MATHUR
Kaloo Ram – Appellant
Versus
Radha Kishan – Respondent
ORDER :
Mr. Vinit Kumar Mathur, J. - Heard learned counsel for the parties.
2. The present first appeal has been filed against the judgment and decree dated 20.05.1989 passed by the Additional District Judge No.2, Udaipur (hereinafter referred to as 'the trial Court'), whereby the suit preferred by the petitioner was rejected.
3. Briefly noted the facts in the present case are that appellant- Kaloo Ram filed a suit for right of pre-emption against the respondents stating therein that respondent No.2- Narayan Lal had sold a part of house/haveli to the first appellant- Kaloo Ram through a registered sale deed dated 03.11.1978. Subsequently, another portion of the Haveli was also sold by the respondent No.2- Narayan Lal to the respondent No.1- Radha Kishan on 04.10.1979. The respondent No.1- Radha Kishan further sold some portion of the Haveli to the respondent Nos.3 and 4- Abdul Gani and Smt. Femida on 21.07.1980. It was pleaded in the suit that there existed a common passage between the properties of the first appellant i.e. Kaloo Ram and the respondent No.2- Narayan Lal, which is being used by the first appellant and the respondent No.2. It was further pleaded that the property, which
The right of pre-emption must be claimed against all parties involved in a sale; failure to do so results in dismissal of the suit.
The right of pre-emption is a very weak right.
A right of pre-emption must be substantiated at the time of decree; absence of such right leads to dismissal of the claim.
Right of pre-emption, being a weak legal entitlement, can be defeated by all lawful means if the transaction is deemed a sham transaction.
The right of pre-emption is a weak right and can be defeated by legitimate means, including proving a transaction as a sham intended to defraud the opposing party.
The court ruled that co-ownership acquired through sale does not confer superior rights in pre-emption claims, and failure to prove lack of notice under the Punjab Pre-emption Act is detrimental to t....
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