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2024 Supreme(SC) 98

C. T. RAVIKUMAR, RAJESH BINDAL
Jagmohan – Appellant
Versus
Badri Nath – Respondent


Advocates appeared:
For the Petitioner(s): Mr. Shish Pal Laler, Adv. Mr. Hitesh Kumar, Adv. Mr. Vedant Pradhan, Adv. Mr. Atul, Adv. Mrs. Kadambini, Adv. Mr. Ravi Panwar, AOR
For the Respondent(s): Mr. Neeraj Kumar Jain, Sr. Adv. Mr. Umang Shankar, AOR Mr. Aniket Jain, Adv. Mr. Sanjay Singh, Adv. Mr. Vidyut Kayarkar, Adv.

JUDGMENT :

RAJESH BINDAL, J.

1. Leave granted.

2. The defendants are before this Court challenging the concurrent findings of fact recorded by all the courts below.

3. It is a case in which the respondents had filed a suit1 [Civil Suit No. 309] on 25.01.1984 for possession by pre-emption of the plot measuring 719 square yards, situated at Light Railway Bazar, Jagadhri (hereinafter referred to as ‘the property in dispute’). The Trial Court2 [Additional Senior Sub Judge, Jagadhri] decreed the suit. The judgment and decree3 [Judgment and decree dated 27.05.1989] of the Trial Court was upheld upto the High Court.4 [High Court of Punjab and Haryana at Chandigarh]

4. The facts in brief are that the respondents (plaintiffs in the suit) claimed themselves to be the tenants in the property in dispute since 1949. The property in dispute was owned by Anarkali and others. The same was sold by the owners thereof to the appellants (defendants in the suit) by way of a registered sale-deed dated 25.01.1983. The respondents filed the suit exercising their right of pre-emption of the sale claiming that in terms of the provisions of the 1913 Act5 [The Punjab Preemption Act, 1913], they had preferential ri

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