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Issues: Whether a right of pre-emption under the Rajasthan Pre-Emption Act, 1966 can be exercised again against a later sale of the same property after the pre-emptor did not assert the right in an earlier sale transaction, and whether the suit was barred by limitation.
Analysis: The right of pre-emption is a weak right and is essentially a right of substitution, not a recurring right in perpetuity. Reading Section 21 of the Rajasthan Pre-Emption Act, 1966 with Article 97 of the Limitation Act, 1963, the period of limitation is tied to the relevant sale transaction. Section 9 of the Rajasthan Pre-Emption Act, 1966 provides for loss of the right if it is not exercised within the prescribed period after notice, and that loss is transaction-specific but also reflects waiver of the right by the person entitled to pre-empt. Once the pre-emptor has waived or not exercised the right in an earlier transaction involving the same property, the statute does not permit revival of the same right against a subsequent sale of that property.
Conclusion: The right of pre-emption was held to be exercisable only once, and the subsequent suit based on a later sale was barred by limitation; the decision was in favour of the appellant.
Ratio Decidendi: A right of pre-emption under the Rajasthan Pre-Emption Act, 1966 is a weak right of substitution that must be exercised when it first arises, and if it is waived or not exercised in the earlier relevant transaction, Section 9 bars its revival against a later sale of the same property.
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