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1986 Supreme(SC) 402

E.S.VENKATARAMIAH, M.M.DUTT
Jagdish – Appellant
Versus
Nathi Mal Kejriwal – Respondent


Advocates:
A.D.SANGAR, Abha Jain, D.S.Mahra, K.K.JAIN, P.Dayal, R.K.JAIN, SHIV SHARMA

judgment

VENKATARAMIAH, J.:- Respondents 5 to 7-Aji Ram, Tota Ram and Hari Chand are sons of one Kesaria. The suit land belonged jointly to Respondents 5 to 7. They sold it to Respondents 1 to 4 - Nathi Mal Kejriwal, Radhey Shayam Kejriwal, Smt. Daropdi Devi and Nagar Mal Kejriwal, who were strangers to their family for a consideration of Rs. 33,000/under a sale deed registered on 25-10-1971. The petitioners, who claimed themselves to be the sons and nephews of the vendors, instituted a suit in Civil Suit No. 466 of 1972 on the file of the Sub-Judge, Ist Class, Palwal for possession of the suit land on payment of Rs. 33,000/- claiming that they were entitled to the right of pre-emption in respect of the suit land either under clause First or Secondly of S. 15(l)(a) of the Punjab Pre-emption Act, 1913 (hereinafter referred to as the Act) as in force in the State of Haryana or under clause First or Secondly of S. 15(l)(b) of the Act. The learned Sub-Judge upheld the plea of the petitioners and decreed the suit for possession of the suit land against Respondents 1 to 4 who had purchased the suit land as well as against Respondents 5 to 7 who had sold it subject to the petitioners payin












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