Repealed or not in force · As amended up to 2026-08
128. Right of pre-emption at execution-sales.
Schedules.
d 1
ACT No. XIX OF 1868.
PASSED BY THE GOVERNOR GENERAL OF INDIA IN COUNCIL.
(Received the assent of the Governor General on the 22nd July 1868).
128. When land is sold in execution of a decree under this Act, and the land or any lot thereof has been knocked down to a stranger, any co-sharer, other than the judgment-debtor, may, before sunset on the day of sale, claim to take the land or lot, as the case may be, at the sum at which it was so knocked down.
If the land be an under-proprietary tenure, a like claim may also be made by the proprietor.
Any claim made under this section shall be allowed: Provided that, if a claim to the same land or lot be made by a proprietor as well as by a co-sharer, the claim of the co-sharer shall be preferred: Provided also, that no claim shall be allowed unless the claimant fulfil all the conditions of the sale binding on a purchaser.
Source: India Code