K.RAMASWAMY, M.M.PUNCHHI
Harnama Singh (Dead) Lrs. On Record – Appellant
Versus
Harbhajan Singh – Respondent
Judgment
These appeals by special leave are directed against the common judgment and decree of the Punjab and Haryana High Court passed in L.P.A. Nos. 576-79 of 1975.
2. Three brothers, by means of four sale deeds executed on June 25, 1968, sold some parcels of land to Harbhajan Singh respondent herein. The 4th brother by the name of Ujagar Singh, whose legal representatives are the appellants herein, filed four suits of pre-emption against the vendee and those were decreed on July 15, 1970, on terms of payment of pre-emption money on or before August 30,1970. Four appeals were filed by the plaintiff-preemptors before the District Judge for the reduction of the preemption money. On an application moved by the preemptors the time for deposit of the amount fixed under the decree by the trial Court was extended till further orders. The appeals finally were rejected under O. 41, R. 3 of the Code of Civil Procedure as being insufficiently stamped and hence not properly presented. Beforehand, however, the plaintiff preemptors, all the same, deposited the preemption amount in the trial Court, on their own, on October 26, 1970.
3. After the rejection of their appeals, the preemptors sought ex
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