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1987 Supreme(SC) 364

G.L.OZA, V.KHALID
Kewal Ram – Appellant
Versus
Ram Lubhai – Respondent


Advocates:
A.MINOCHA, AVADH BIHARI ROHTAGI, Baldev Atreya, K.B.ROHTAGI, KAILASH VASUDEV, NAUNIT LAL, PRAVIN JAIN, R.B.DATAR, RAJINDER SACHAR, S.K.DHINGRA, V.MINOCHA

Judgment

KHALID, J.:- These two appeals arise from the same suit and can be disposed of by a common Judgment. The facts necessary to understand the question involved in the appeals can be briefly stated as follows :

One Kalu Ram was the owner of 90 kanals of land. He sold this land in favour of three brothers, Kewal Ram, Chet Ram and Kuldip Ram for a consideration of Rs. 65,000/- by a registered sale deed dt. 1-8-1966. Kewal Ram is residing in Village Badala in Jullunder District. Chet Ram and Kuldip Ram were residing at 71, Windsor Road, Forest Gate, London E-7.

2. Smt. Ram Lubhai, minor daughter of Kalu Ram, the vendor, filed a suit, from which these appeals arise, for possession of the land on the ground that she being the daughter of the vendor had superior right of pre-emption as against the vendees who were strangers. Kewal Ram alone was served in the suit. The other two were not served. Substituted service was, therefore, taken for service on them by publication in a vernacular paper. The suit was decreed on 31-7-1969 against all the three defendants, ex parte against Chet Ram and Kuldeep Ram. Kewal Ram filed an appeal against this decree and judgment. He made his brothers Chet














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