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1974 Supreme(SC) 217

A.ALAGIRISWAMI, M.H.BEG, P.JAGANMOHAN REDDY
Gurnam Singh – Appellant
Versus
Surjit Singh – Respondent


Judgement

P. JAGANMOHAN REDDY, J.:- This appeal is by certificate against the judgment of the Punjab High Court dismissing the pre-emption suit of the appellant by reversing the concurrent judgment of the trial court and the 1st Appellate court.

2. The plaintiffs alleged that they had purchased on 10-5-55 the share of Khotu and Chandu Ram in Khewat 2, Khata 26 to 44 and 6 bigas and 7 biswas in Khewat No. 3 Khatas 49 to 54 comprising in all an area of 213 bigas and 14 biswas. On 16-4-57 respondents 1 to 6 purchased 926 bighas in Khewats nos. 2 and 3 for Rs. 43,600/-. Nearly a year thereafter the deed of sale was registered on 19-3-68. The plaintiffs filed a pre-emption suit against respondents 1-6 on the ground that they were Biswadars and co-shares in the land in dispute. For the purpose of this appeal, it is not necessary to consider their claim of Biswadari rights because the claim on which the plaintiffs rely mainly is of their being co-shares along with the vendors in the lands sold to respondents 1-6. The suit was decreed on 4-1-60 and on appeal the District Court confirmed the decree on 6-3-61. The High Court, however, in second appeal reversed that decree on the ground that th




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