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1980 Supreme(SC) 528

A.D.KOSHAL, BAHARUL ISLAM
Harish Chander – Appellant
Versus
Ghisa Ram – Respondent


Judgment

KOSHAL J.:- This appeal by special leave is directed against the judgment dated July 27, 1970 of the High Court of Punjab and Haryana affirming the decrees passed by the trial Court and the first appellate Court in a suit for possession by way of pre-emption of the land in dispute in favour of plaintiff-respondent No. 1 on the ground that he was a tenant of the disputed land when it was sold to the appellants by respondents Nos. 2 to 4 through a registered sale deed dated September 29, 1967.

2. The suit was resisted by the appellants with the counter-claim that they, and not respondent No. 1, were in possession of the land on the relevant. date as tenants inasmuch as it had been leased out to them by their vendor Kanti Prasad two years prior to the sale, i.e., in the year 1965. The decrees passed by the Courts below proceed on the basis of evidence to the effect that the name of respondent No. 1 was recorded as a tenant in the Jamabandi for the year 1959-60 (Ex. P. 1) and consistently thereafter till the year 1968 (Khasra-girdawaris Exs. P.2 to P.7). Apart from the oral evidence there is no material on the record which may indicate the falsity of any of the entries in the re









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