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Posted by: Prakash Yedhula 02/05/2009 09:12:48

Agricultural land is excluded from the expression "immovable property" as used in this section therefore the preferential right is confined only to the business and to the immovable property of the kind which does not include agricultural lands.-Jeewanram v. Lichmadevi AIR 1981 Raj 16. An application for fixing the consideration can not be maintained after the transfer is given effect, that is different thing that application is permitted to be converted into a suit.-Ghewari Wala Jain v. Hanuman Prasad AIR 1981 MP 250. Where an application is moved under this section and a decision taken thereupon, there is no provision for appeal either under this section or some where else under this Act. The decision taken as such is not a decree so as to prefer an appeal. Even order 43 rule 1 of CPC does not make it an appealable order-Tarakadas Ghosh v. Sunil Kumar Ghosh AIR 1980 Cal 53



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