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1968 Supreme(SC) 16

J.C.SHAH, V.BHARGAVA, V.RAMASWAMI
Hazari – Appellant
Versus
Neki – Respondent


Advocates:
D.D.SHARMA, JANARDAN SHARMA

Judgement

RAMASWAMI, J. : These appeals are brought by special leave on behalf of the defendants against the judgment of the Punjab High Court dated 27th July, 1965, in Letters Patent Appeals Nos. 13 and 14 of 1965.

2. Dhara Singh, respondent No. 2 executed three sale deeds with regard to lands at village Bhadani, Tehsil Jhajjar, Rohtak in favour of the appellants in all the three appeals. The first sale was of land measuring 27 kanals and 4 marlas dated September 20, 1960, the second was of land measuring 36 kanals and 19 marlas dated November 23, 1960 and the third was of land measuring 33 kanals and 18 marlas dated March 6, 1961. Neki deceased, who was the father s brother of Dhara Singh, vendor, instituted three suits in the court of Subordinate Judge at Jhajjar for possession of the aforesaid lands covered by the three sales on the ground that he had a superior right of pre-emption on the basis of his relationship with the vendor as against the appellants under Section 15 (1) (a) of the Punjab Pre-emption Act, 1913 (Punjab Act 1 of 1913). These suits were contested by the appellants. After hearing the contentions of the rival parties, the Subordinate Judge granted decrees in all



































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