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2003 Supreme(SC) 132

ARUN KUMAR, S.S.M.QUADRI
Prema (Dead) Thr. L. Rs. – Appellant
Versus
Surat Singh Etc. Etc. – Respondent


ORDER

These two appeals arise from a common judgement of the High Court of Punjab and Haryana at Chandigarh in Regular Second Appeal Nos. 2178 of 1989 and 2178-A of 1989 passed on August 18, 1993.

2. The controversy in these appeals relates to the scope of defence of improvement made in the status in a suit seeking enforcement of the right of pre-emption under the Punjab Pre-emption Act, 1913 [hereinafter referred to as the Act ].

3. The appellant was the defendant-vendee in the suit for pre-emption filed by the respondent-plaintiff. On 4th September, 1984, the appellant purchased one-fourth share in the agricultural lands from one Jangli who was a co-owner along with his brothers, Jai Narain and the respondent-plaintiff [hereinafter referred to as the first sale ]. On October 15, 1984, the appellant purchased one-eighth share of Jai Narain in the said lands [hereinafter referred to as the second sale ]. While so, the respondent filed Suit No. 129 of 1986 claiming right of pre-emption in respect of the land covered by the first sale in the Court of Sub-Judge, IInd Class, Gurgaon, on September 3, 1985 [hereinafter referred to as the first, suit ]. The respondent brought anoth





















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