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1976 Supreme(SC) 234

P.N.SHINGHAL, R.S.SARKARIA, Y.V.CHANDRACHUD
Kartar Singh: Mukand Singh: Malkiat Singh – Appellant
Versus
State Of Punjab – Respondent


Judgment

SHINGHAL, J. :- These appeals and the petition for review arise out of the judgment of the High Court of Punjab and Haryana dated November 7, 1974, upholding the conviction of appellants Mukund Singh and Kartar Singh and petitioner Malkiat Singh in the following circumstances.

Roor Singh (deceased) used to live in village Kurrar. His daughter Smt. Pritam Kaur was married to one Karnail Singh who was appointed by some Sadhs as their mukhtaram in respect of their lands measuring 15 bighas in that village. Karnail Singh sold that land to his father-in-law Roor Singh. Kalu Sadh filed a suit for pre-emption through his wife Smt. Harnam Kaur. The suit was decreed some five or six months before the date of incident. Roor Singh filed a suit in the court of Sub-Judge, Barnala, claiming that he was in possession of the land and was entitled to it, but it was dismissed. He again filed a suit against Smt. Harnam Kaur and Kalu Sadh, and it was pending on the date of the incident. Roor Singh obtained a temporary injunction against Smt. Harnam Kaur and her husband Kalu Sadh on August 23, 1971, restraining his dispossession as they wanted to execute the pre-emption decree.

2. It is alleged t
















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