Jhabbar Singh (Deceased) Through Legal Heirs vs Jagtar Singh S/o Darshan Singh

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(SC) 363

AJAY RASTOGI, BELA M. TRIVEDI
Jhabbar Singh (Deceased) Through Legal Heirs – Appellant
Versus
Jagtar Singh S/o Darshan Singh – Respondent

Advocates appeared:
For the Appellant(s) : Mr. Narender Hooda, Sr. Adv. Mr. Varun Punia, AOR Mr. Jasbir Singh Malik, Adv.
For the Respondent(s): Mr. Rajiv Bhalla, Sr. ADv. Mr. Tripurari R., ADv. Ms. Ritu Puri, Adv. Mr. B.S. Billoria, Adv. Mr. Sumeir Ahuja, ADv. Mr. Jai Surya J., Adv. Mr. Bharat Upreti, Adv. Mr. Sandeep Lamba, Adv. Mr. Sagar Roy, Adv. Ms. Reeta Puniya, Adv. Mr. Sunil, Adv. Mr. Anuj Raghuvanshi, Adv. Mr. Ram Narayan Mohanty, Adv. Mr. Ambes Shehbaz Ansari, Adv. Mr. Kamal Mohan Gupta, AOR Ms. S. Janani, AOR Mr. Shiv Singh Yadav, ADv. Mr. Priya Ranjan Kumar, Adv. Mr. Amar Nath Singh, Adv.

JUDGMENT :

Bela M. Trivedi, J.

1. Both the appeals arise out of the common judgment and order dated 17.08.2007 passed by the High Court of Punjab and Haryana at Chandigarh in RSA No.1470/1983 and RSA No. 1557/1983, whereby the High Court, while allowing the said appeals filed by the original plaintiff Jagtar Singh (predecessor of the present respondent) decreed the Civil Suits no. 420/1981 and 421/1981, filed by him, seeking decree for the possession of the suit lands, claiming right of pre-emption against the original defendants Jhabbar Singh and others (the predecessor of the present appellants). The present appellants and respondent have been substituted as the legal heirs of the original defendant Jhabbar Singh and original plaintiff Jagtar Singh respectively.

2. The factual matrix giving rise to the present appeals are as under: -

(2.1) The Civil Suit No. 420/1981 was filed by the plaintiff Jagtar Singh against the defendant Jhabbar Singh and others, with regard to the land admeasuring 12 bighas representing 240/819th share of the land admeasuring 40 bighas 19 biswas, as det

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2023 Supreme(SC) 363

AJAY RASTOGI, BELA M. TRIVEDIJhabbar Singh (Deceased) Through Legal Heirs – AppellantVersusJagtar Singh S/o Darshan Singh – Respondent

Cases Referred (7)

AJAY RASTOGI, BELA M. TRIVEDI
Jhabbar Singh (Deceased) Through Legal Heirs – Appellant
Versus
Jagtar Singh S/o Darshan Singh – Respondent