Civil Procedure Code (CPC)

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Subhasri Chatterjee   19 November 2020

Hello

The right of ‘pre-emption’ is given to the owner of immovable property to acquire another immovable property that has been sold to some other person. It is the purchase by one person before all others. Therefore, it is a right of substitution and not of re-purchase. The objective behind this right is to maintain privacy and prevent strangers to come in neighbour or in a family.


The pre-emption has also been defined by Justice Syed Mahmood as a right given to the owners of an immovable property for quiet enjoyment of that immovable property to obtain in substitution for the buyer, possession of certain other immovable property, on such term that as those on which such latter immovable property is sold to any other person.
However, to exercise the right of pre-emption, there are certain conditions that need to be satisfied. Those conditions are-

1. ownership over an immovable property,
2. sale of the property which is not of the person exercising the right of pre-emption,
3. there should be some relation with respect to the property between the pre-emptor and the seller of the land,
4. possession of the other property is given to the pre-emptor on the same terms as on which the other person is given the right.

Hope this answer helps you.

Best regards,

Subhasri Chatterjee

P. Venu (Advocate)     20 November 2020

What are the facts? What is the context?

Dr. J C Vashista (Advocate and Legal Consultant)     21 November 2020

Why such question papers are set to take examination ?


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