2023 YLR 1568
Suit for preemption:Held that the right of pre-emption and the determination of sale price stand at two different pedestals severable from each other and failure to reach a settlement on sale price by a vendee and pre-emptor ipso facto does not obliterate the compromise to the extent of acknowledgement of right of pre-emption and admission of right of pre-emption, once made, could not be retracted if the vendee and pre-emptor fails to reach mutually acceptable price inasmuch as the price can be determined in terms of Section 27 of the Act. In the instant case, when there is a clear admission on part of the appellant/vendee that he waived his objection regarding the maintainability of the suit for preemption by recording his admission in respect of handing over the preemptable property to the respondent/preemptor and accepted the finding of the Court in this regard, the only thing left was to determine as to the sale price on which the property was sold since it was the case of the appellant/vendee that he purchased the property for Rs.480,000/- and Rs.330,000/- were only recorded for the purpose of registration of sale deed whereas the respondent/preemptor pleaded that the actual sale price was Rs.265,000/- and Rs.330,000/- have been recorded just to defeat the right of respondent/preemptor. Hence, the disagreement on the price cannot be a basis to retract from the admission, as an acknowledgment of right of preemption, recorded before the learned Trial Court, having attained finality after dismissal of constitutional petition from this Court
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