1969 (10) TMI 74

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.... Judgment of the Court was delivered by Grover, J. This is an appeal by certificate from a judgment of the Calcutta High Court arising, out of a petition filed by the appellant under s. 26F of the Bengal Tenancy Act, 1885 claiming a right of preemption over certain lands purchased by respondent No. 1. The facts may be briefly stated. On July 23, 1950, the ap- pellant purchased certain portion of ....

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....nd received ₹ 300 as brokerage; the appellant had thus waived his right of preemption. The learned trial Judge disbelieved the case set up by respondent No. 1 and allowed the application of the appellant for preemption. Respondent No. 1 filed an appeal in the court of,the Additional District Judge, Alipore. He held that the appellant's claim for preemption was barred owing to waiver on h....

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....s an agreement to release or not to assert a right." According to the appellant all that had been found was that by his act and conduct he had waived his right of preemption. It was pointed out that there was no evidence for any consideration having moved from respondent No. 1 in the matter of abandonment of the appellant's right of preemption. In the well-known work of Sir William P. Ans....

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....r is the abandonment of a right which normally everybody is at liberty to waive. "A waiver is nothing unless it amounts to a release. It signifies nothing more than an intention not to insist upon the right." It is well known that in the law of preemption the general principle which can be said to have been uniformly adopted by the Indian courts is that acquiescence in the sale by any po....