Law: Punjab Pre-emption Act (I of 1913)

Section: 15

(a) Punjab Pre-emption Act (I of 1913) S. 15-Pre-emption, right of-Priorities- Vendee-co-sharer associating himself with a stranger-Loses his right of pre-emption. Section 15 of the Pre-emption Act has fixed the order of priorities in which the right of pre-emption can be exercised by the persons in whom it vests. Under section 15 (c), "secondly", the right vests in the owners of the patti and "thirdly", in the owners of the estate. It is well-settled that it is only with a view to retain the homogenous complexion of the estate that a stranger is sought to be kept out in exercise of the right of pre -emption. It is equally well-established that a co-sharer by asso ciating himself with a stranger is also relegated to an inferior position making himself vulnerable to the exercise of the right of the pre-emption by another co-sharer who may otherwise be at par with him. Bhagwana v. Shadi A I R 1934 Lah. 878 and Hayat Bakhsh v. Mansabdar A I R 1935 Lah, 529 rel. (b) Pre-emption Partial pre-emption - Land consisting of different parcels sold in a single transaction-Pre-emptor having superior right only to part of land and not to whole-Contention that sale being indivisible, pre-emptor's right to pre-empt could not be confined only to part of land and suit should have been decreed for entire land, there being no specification of price paid by each vendee in respect of different parcels of land-Possibility of transac tion being split up into two different sales existing-Mere composite nature of transaction, held, would not make it indivisible so as to extend pre-emptor's right to portion of land to which he could claim no superiority of right - Rule of indivisibility of bargain, held further, not absolute. Abduilah and 3 others v. Abdul Karim and others P L D 1968 S C 140 distinguished. Tota Ram and others v. Kundan and others A I R 1928 Lah. 784 ref. Dulla v. Harkishan Das and another 6 P R 1915 ; Sardar Lal Singh v. Diva Singh and another 107 P R 1882; Samal Das v. Gur Prasad and another 90 P R 909; Abhainandan Prasad v. Bhagwan Dutt Pathak and another A I R 1925 All. 765 rel. (c) Pre-emption Right of pre-emption -Can be legitimately…