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2011 Supreme(SC) 853

P.SATHASIVAM, H.L.GOKHALE
Pirthi – Appellant
Versus
Mohan Singh – Respondent


Advocates Appeared:
For Appellant/Petitioner/Plaintiff: Mahbir Singh, Sr. Adv., Rakesh Dahiya, Nikhil Jain, Gagan Deep Sharma and Sunil Kumar Jain, Advs.
For Respondents/Defendant: Pramod Dayal, Adv.

JUDGMENT

P. Sathasivam, J.

1. This appeal is directed against the final judgment and order dated 07.03.2002 passed by the High Court of Punjab and Haryana at Chandigarh in RSA No. 136 of 2001 whereby the High Court dismissed the appeal filed by the Appellant herein.

2. Brief facts:

(a) The Appellant-Plaintiff and Respondent No. 5 - whose name has been deleted from the array of parties by this Court's order dated 08.08.2003, filed a suit for possession by way of pre-emption being Civil Suit No. 107/92/93 against Respondent Nos. 1-4 herein (Defendants) before the Civil Judge (Jr. Division), Bahadurgarh, Haryana claiming themselves to be co-sharers with the vendor - Shiv Lal-Defendant No. 3 (Respondent No. 3 herein-since deceased, his legal representatives are on record), who sold away his half share of the suit land comprised in Khewat No. 22 (min.), Khasra Nos. 47 and 48, Khasra No. 1043 measuring 3 bighas, 3 biswas pukhta 1058 (2-11) and Khewat No. 28 (min.), Khasra Nos. 54-55. Khasra No. 5496/1693 (2-16) 5497/1693(1-5) total measuring 10 Bighas 8 Biswas to Defendant Nos. 1 & 2 (Respondent Nos. 1 & 2 herein) by sale deed dated 08.06.1992 for a consideration of Rs. 1,40,000/- and for de




































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