Oudh Laws Act,1876
Act No : 18
Section :
Suit to enforce right of pre-emption.
13. Suit to enforce right of pre-emption. Any person entitled to a right of pre-emption may bring a suit to enforce such right on any of the following grounds (namely):-- (a) that no due notice was given as required by section 10; (b) that tender was made under section 11 or section 12 and refused; (c) in the case of a sale, that the price stated in the notice was not fixed in good faith; (d) in the case of a mortgage, that the amount claimed by the mortgagee was not really due on the footing of the mortgage and was not claimed in good faith, and that it exceeds the fair market-value of the property mortgaged, 2*[or the portion of the property mortgaged in respect of which he possesses the right of pre- emption, as the case may be]. If, in the case of a sale, the Court finds that the price was not fixed in good faith, the Court shall fix such price as appears to it to be the fair market-value of the property sold, 2*[or the portion of the property sold in respect of which he possesses the right of pre- emption, as the case may be]. If, in the case of a mortgage, the Court finds that the amount claimed by the mortgagee was not really due on the footing of the mortgage, and that it was not claimed in good faith and that it exceeds the fair market-value of the property mortgaged 2*[or the portion of the property mortgaged in respect of which he possesses the right of --------------------------------------------------------------------- 1. Ins. by U. P. Act 15 of 1939, s. 5. 2. Ins. by s. 6, ibid. 60 pre-emption, as the case may be], the amount to be paid to the mortgagee shall not exceed what the Court finds to be such market- value.
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