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1996 Supreme(SC) 197

K.RAMASWAMY, S.SAGHIR AHMAD, G.B.PATTANAIK
Ramjilal – Appellant
Versus
Ghisa Ram – Respondent


ORDER

Leave granted in the SLP.

2. Substitution allowed.

3. These appeals were referred to a larger Bench by order of this Court made on 10th May, 1994. The facts in C.A. No. 4017 are sufficient for disposal of these appeals.

4. The facts are that on July 16, 1979, certain lands situated in Kutiyana Tehsil & District Sirsa were sold by Mathri, Dilawar and Santosh Kumar to the appellants by registered sale deed dated June 16, 1979. The respondent filed Suit No. 581/80 in the Court of Sub-Judge, Ist Class, Sirsa under Section 15(1) (b) of the Punjab Pre-emption Act, 1913 on July 18, 1980 for pre-emption of the land from the appellants on the premise that the lands originally belonged to one Shri Ram who died in the year 1944. His widow Dhapan had remained in possession as Widow s Estate. She cannot be said to have inherited the property through her husband. She had no right to sell the lands to the appellants as she remained limited owner. Therefore, being a co-owner of Shri Ram, the respondent is entitled to pre-emption of the lands sold by Dhapan to the appellants. Accepting the contention of the respondent, the trial Court decreed the suit. On appeal, it was confirmed. Second appeal w







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