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2007 Supreme(SC) 221

MARKANDEY KATJU, S.B.SINHA
Lachhman Dass – Appellant
Versus
Jagat Ram – Respondent


JUDGMENT

S.B. Sinha, J. — Interpretation of the provisions of the Punjab Pre-emption Act, 1913 (‘the Act’, for short) is in question in this appeal which arises out of a judgment and order dated 30th May, 2001 passed by the High Court of Himachal Pradesh at Shimla in Regular Second Appeal No.38 of 1998 dismissing the appeal arising from a judgment and decree dated 15.11.1997 passed by the Additional District Judge (I), Una in Civil Appeal No.26/92/91 affirming a judgment and decree dated 7.10.1991 passed by the Sub-Judge, 1st Class, Amb in Civil Suit No.211/85 RBT No.635/89 dismissing the Civil Suit filed by the appellant herein.

2. The fact of the matter is under :

Respondent No.9-Desh Raj was owner of the suit property. Appellant (plaintiff) was a tenant in respect thereof. By reason of a deed of sale dated 27.4.1982, Desh Raj transferred the suit land in favour of Jagat Ram (Respondent No.1-Defendant No.2) and Gurbaksh Kaur, wife of Jagat Ram (Respondent No.2-Defendant No.2). Jagat Ram and Gurbaksh Kaur, in turn, by a registered deed of sale dated 11.10.1982 transferred their right and interest therein in favour of the appellant. Respondent No.8-Chander Bala is the daughter o





































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