Therefore, in view of the result of the examination of the entire materials on record since the L.C.R. is made available before this Court, it is held that in the decision making process both the courts respectively in Misc. Appeal and Misc. Case did not commit any jurisdictional error, illegality or perversity in declining the right of pre-emption sought for by the petitioner on the ground of adjoining land owner, and in such loosely conducted game the petitioner cannot expect any success, when the law in the field demands its requirements in some other way, which are absent with the petitioner.
The right of pre-emption is not a right to the thing sold but a right to the offer of a thing about to be sold. This right is called the primary or inherent right.
Second appeal- Pre-emption-whether a right of pre-emption was available to Beni Prasad who is alleged to be a joint owner in possession of the disputed courtyard. This has arisen in the context of the Rajasthan Pre-emption Act 1961.
“right of pre-emption” means a right to acquire by purchase an immovable property in preference to other persons by reason of such right
Under West Bengal Land Reform Act 1956 In order to establish the claim of pre-emption, the petitioner pre-emptor has to establish the basic ingredients of Section 8 of the Act of 1955. […]