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1996 Supreme(SC) 1302

K.VENKATASWAMI, N.P.SINGH
Shanti Devi – Appellant
Versus
Hukum Chand – Respondent


ORDER

These appeals have been filed for setting aside the order dated March 20,1990, passed by the High Court allowing the civil revision application which had been filed on behalf of the respondent-decree holder.

2. There is no dispute that the land in question was transferred in favour of the appellant No. 1 by one Kishan Chand and Jagdish Chand in the year 1980. Thereafter a suit for pre-emption was filed on behalf of the respondent. That suit was decreed on 27.8.1983. The appeal filed on behalf of the appellants was dismissed by the Court of appeal on 30.11.1983, Second appeal filed on behalf of the appellants was also dismissed by the High Court on 5.4.1984. Thereafter, the decree holder - respondent took steps for execution of the decree for pre-emption of the lands in question in the year 1984. An objection was taken before the executing court that as only share in the land in question had been transferred the decree passed for pre-emption cannot be executed. That objection found favour with the executing court. Being aggrieved by the order passed by the executing court the respondent filed civil revision before the High Court which was allowed by the impugned order. The High













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