Law:

Section:

Punjab Pre-emption Act (I. of 1913) ---S. 21-A---Scope and interpretation of S'.21-A; Punjab, Pre-emption Act, 1913---Vendee is not entitled to defeat the claim of the pre-emptor by pleading improvement, in his status through voluntary acquisition of property right after the institution of pre-emption suit against him-- -If the improvement in the status of vendee takes place by acquisition of property rights through succession or inheritance even after institution of the pre-emption suit but before a decree is passed in the suit then such improvement in the status of vendee can be pleaded as a defence to the claim of pre-emption. Section 21-A, Punjab Pre-emption Act, 1913 provides that any improvement made in the status of a vendee, otherwise than through inheritance or succession, after the institution of a suit of pre-emption shall not affect the right of the pre-emptor. Therefore, by implication it follows that a vendee is entitled to improve his status by voluntary or involuntary acquisition of property right up to the date of filing of the suit for pre-emption against him, to defeat the claim of pre-emptor. The law-makers by introducing section 21-A in the Act intended to change the existing state of law only to the extent that a vendee after introduction of section 21-A, could not take advantage of any improvement made in his status by voluntary acquisition of property right after institution of the suit. The effect of improvement made in the status of the vendee on account of acquisition of property right through succession or inheritance was, however, not affected by section 21-A of the Act. Therefore, in respect of improvements made in the status of a vendee as a result of acquisition of property right through succession or inheritance, the law as it existed before continued to be applicable in spite of introduction of section 21-A in the Act. After insertion. of section 21-A in the Act, .a vendee is not entitled to defeat the claim of the pre-emptor by pleading improvement in his status through voluntary acquisition of property right after the institution of preemption suit against him. However, if the improvement in the status of vendee takes place…

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