We suppose that the aforesaid answers the dilemma, i.e. whether the
right of pre-emption can be enforced for an indefinite number of
transactions or it is exercisable only the first time. We opine that it is only
exercisable for the first time when the cause of such a right arises, in a
situation where the plaintiff-pre-emptor chooses to waive such right after
the 1966 Act becoming operational. Section 9 of the said Act operates as a
bar on his exercising such right on a subsequent transaction relating to the
same immovable property. We also wonder what really remains of this right
of pre-emption after so many years in the facts of this case when the
purchaser has been enjoying it for more than four decades!
Reportable
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. 1442 OF 2016
RAGHUNATH (D) BY LRS. Vs RADHA MOHAN (D) THR. LRS
Author: SANJAY KISHAN KAUL, J.
Dated: OCTOBER 13, 2020.
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