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1970 Supreme(SC) 436

J.C.SHAH, A.N.GROVER, K.S.HEGDE
Bhagwan Dass – Appellant
Versus
Chet Ram – Respondent


Advocates:
D.M.RAMESHVAR, K.L.Mehta, K.R.NAGARAJA, S.D.SUD, S.K.Bagga, S.K.MEHTA, S.Manchanda

Judgement

GROVER, J.: - This is an appeal by special leave from a judgment of the Punjab and Haryana High Court.

2. In December 1966 Labhu Ram who was the owner of the land in dispute sold the same in two lots to Bhagwan Das (deceased) now represented by his legal representatives and others. The lands mentioned in cls. (a) and (b) of the title of the plaint in the suit out of which the present appeal has arisen were sold for Rs. 20,000 and Rs. 1,000/respectively. The respondent Chet Ram was a tenant-at will of the lands covered by the sales. Bhagwan Das and others filed a suit against Chet Ram in the revenue Court for ejectment under Section 14-A (i) read with Section 9 (1) of the Punjab Security of Land Tenures Act 1953 which was decreed on July 31, 1967. On August 31, 1968, Bhagwan Das and others entered into possession of the aforesaid lands after evicting Chet Ram by virtue of the decree for eviction obtained against him.

3. After his eviction Chet Ram the present respondent filed a suit for possession of the lands which were the subject matter of sale by pre-emption under Section 15 (1) (a) Fourthly of the Punjab Pre-emption Act, 1913, (Punjab Act 1 of 1913), hereinafter called t









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