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1968 Supreme(Del) 91

S.K.KAPUR, T.V.R.TATACHARI, I.D.DUA
DOOMANU – Appellant
Versus
MEHAR CHAND – Respondent


Advocates Appeared:
CHABILDAS, S.Malhotra

I. D. Dua, C. J-

( 1 ) THIS Letters Patent Appeal from the judgment of a learned Single judge raises the question of the construction of section 15 (2) (b) FIRST of the Punjab Preemption Act 1 of 1913 (hereafter called the Act) as amended.

( 2 ) FACTS relevant for our purposes, as discernible from the Judgment of the learned Single Judge are that one half share of land measuring 61 kanals and 12 marlas situated in Tikka Jaunta, Mauza Pundar was sold by one Smt. Jhokbu in favour on one Mehar Chand and others for a sum of Rs 900 by means of a sale-deed dated 6th September, 1963. Doomnu, claiming a superior right of pro-emption, instituted a suit tor pie-emption, out of which this appeal has arisen. The suit was resisted on various grounds and the pleas of the parties gave rise to four issues We are here concerned only with issue No. 1 which reads as under:- "whether the plaintiff is a step-son of the vendor and is a pint owner in the khata and as such has a superior right of pre-emption ?" The trial Court came to the conclusion that the plaintiff was the son of Smt. Jhokhu s husband from a previous wife and was, therefore, not covered by section 15 (2) (b) FIRST of the Act. In regard













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