Right of Pre-emption on Agricultural Land: Availability Explained

2024 0 Supreme(Cal) 1494

In view of my discussion supra the matter be referred to larger bench to decide:- “Whether the right of pre-emption is available to the pre-emptor in case of transfer/conveyance of entire share or entire portion of a plot of land of a co-sharer to any person other than the ... The cursory reading of the aforesaid provision makes it clear that right of pre-emption is available to the following persons in order of preference (i) barg....

Supreme Court

- emotion for agricultural land measuring 20 kanals 4 marlas was available to the plaintiff only to the extent of 2 male Section 21(A) of the Punjab Pre-Emption Act, 1913. ... and has a of the Punjab Pre-emption Act, 1913 as a co-sharer and also span style="font-family:Courier

2024 2 Supreme 223

It is evident even from the language of Section 15 of the 1913 Act, which also provides right of pre-emption in respect of agricultural land and village immovable property. ... After coming to the conclusion that the property in dispute on which right of pre-emption was sought to be exercised by the respondents was an urban immovable property, the only issue which requires consideration by this Court is as to whether the exemption of pre-emption as g....

2025 Supreme(Online)(P&H) 2268

Whether the suit land is pre-emptible under the Punjab Pre-emption Act, 1913 ? ii. Whether the plaintiffs have established a superior right of pre-emption as co-sharers? iii. ... If such land is subsequently reclaimed by the vendee, the bar under Section 5 would apply, and the right of preemption would not be available. 35. ... The crucial issue thus is whether the vendors of the parties acquir....

It is questionable whether under the Tesavalamai of Jaffna an adjacent landowner, who is not a mortgagee of the land in respect of which the right of pre-emption is dunned, can claim that right. ... Then we come to the second question, which is whether a person can claim under the Tesavalamai the right of pre-emption simply as being a contiguous landowner. ... That was decided in 1835, but in page 459 we have a case decided in 1853 by the D....

2023 0 Supreme(Gau) 11

In the instant suit, the basic issue, inter-alia,is whether the plaintiff, who is claimed to be the co-sharer has right to pre-emption of the suit land sold by defendants No. 1, 2 and 3 in favour of the defendants No. 4, 5 and 6 vide Ext. ... Presence of the witnesses at the time of talab-i-ishhad is also important. It is for the pre-emptor to prove the fulfilment of all the requirements to sustain his claim for pre-emption. ... Pre-emption. The #HL_....

2024 0 Supreme(P&H) 1356

the land and could have invoked his right of pre-emption. ... Whether plaintiff has got superior right to pre-empt the sale in question, as alleged? OPP.2. Whether plaintiff has no locus-standi to file the present suit? OPD 3. Whether suit of the plaintiff is not maintainable in the present form? OPD. ... The position in law also remains uncontroverted that the right of pre-emption is a piratical ....

2024 0 Supreme(P&H) 1366

the land and could have invoked his right of pre-emption. ... Whether the plaintiff being co-sharer have got a superior of pre-emption to pre-empt the suit land? OPP. 2. Whether the plaintiffs have no locus standi to file and maintain the present suit? OPD. 3. ... Whether plaintiff has got superior right to pre-empt the sale in question, as alleged? OPP.2. Whether plaintiff has n....

It seems that in the Dutch and Tamil versions the right was available to four classes of persons: the heirs of a vendor, a vendor's partners, neighbours whose, grounds are adjacent to the vendor's land, mortgages of the land.1[Sabapathy v. Sivaprakasam (1905) N. L. R. 62 at p. 63. ... In the latter case the right arose under a variety of heads : it was available to co-owners (sociis), to adjoining proprietors to mortgagees of immovable property, to cognates, thus it may be exercised by....

2023 0 Supreme(HP) 454

The defendants also denied that the plaintiff had a preferential right over the land of the defendant No. 2 and stated that no such preference was ever put forth by the plaintiff to acquire share of defendant No. 2 in the land and otherwise also defendant No. 2 was under no legal obligation to sell his ... Reading of clause I of Section 22 will make it clear that right of pre emption is available to class I heirs of a Hindu, who died intestate in res....

2022 0 Supreme(Gau) 937

Hence if a Muhammadan owns land in any local area and has co-sharers or neighbouring proprietors who are also Muhammadans, a right of pre-emption would accrue to the latter under the personal law of the Muhammadans, which is enforced in this country since the British days on grounds of equity, justice and good conscience. This means that the nature and incidents of the right are the same in both cases. But though arising out of personal law the right of pre-emption is not a personal right; it is a real right attaching to the land itself.

2020 0 Supreme(SC) 592

It was held in that perspective, that the plaintiff’s right as a co-sharer had become disputed in absence of challenge to the previous transaction. The aforesaid being the position, this would itself be an impediment in exercise of the right of preemption in a subsequent transaction. We are of opinion that such a right is available once -whether to take it or leave it to a person having a right of pre-emption. If such person finds it is not worth once, it is not an open right available for all times to come to that person.

2016 0 Supreme(Cal) 955

Because in a case of pre-emption subject-matter is only whether the right of pre-emption is available to the pre-emptor or not on the grounds as envisaged under section 8 of the West Bengal Land Reforms Act. It would be absolutely risk of the pre-emptor to opt for pre-emption of the property so transferred provided he or she is either co-sharer or adjoining land owner and in that event had there been any defect of any kind in the title passed by the impugned deed of transfer the pre-emptor is entitled only to the portion to which he is legally entitled to and nothing more a....

2012 0 Supreme(Kar) 28

This reason of the judgment is that the enforcement of the right of pre-emotion must be proceeded by an observance of the preliminary forms prescribed by Mahomedan Law. The Bombay high Court in a recent judgment was held that it is sufficient if the pre-emptor informs the witnesses of his right to pre-empt and the witnesses are taken to the purchaser for the purpose of attesting the Talab. Patna High Court has recently held that invocation of witnesses to bear testimony to the demand is an essential element of Talab-i-Ishhad. But the Calcutta High Court approved the GANGAPR....

2000 0 Supreme(Mad) 262

The Apex Court has settled the conflict and has observed that the right of pre-emption is a right attached to the land which imposes a limitation or disability upon the ownership of a property and on that footing only it can be enforced against the purchaser. The right of pre-emption is envisaged in Section 4 of the partition Act and it extends only to dwelling house. We feel that the appellant has no locus standi to raise such a plea here. Two views were expressed earlier i.e., whether the right of pre-emption is a personal right available to a sharer or whether the right of pre-e....