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1980 Supreme(Raj) 211

C.M.LODHA, KANTA BHATNAGAR
Sukhdeo Singh – Appellant
Versus
Sukhdeo Singh – Respondent


JUDGMENT

1. - These three appeals can be conveniently disposed of by a single order as the only question involved in all the three appeals is the same namely, whether the right of preemption accrues on the sale of Khatedari rights in agricultural land under the provisions of the Rajasthan Preemption Act, 1966 (hereinafter to be referred to as "the Act of 1966") The suits instituted by the preemptors in all the three case were dismissed by the trial court. When First Appeal No. 104 of 1970 came up for hearing before the learned Single Judge, he noticed that there were two Single Bench decisions of this court taking conflicting views in the matter. In Prabhu Dayal v. Mahadeo Math 1972 WLN 455 , It was held by Gattani J., as he then was, that a suit for preemption In respect of sale of Khatedari rights is maintainable. However, in civil revision petition No. 53 of 1959 Kishan Gopal v. Shivjiram and Ors., decided on January 20, 1969 , Jagat Narayan J. as he then was dismissed summarily the appeal filed by the plaintiff preemptor on the ground that there can be no preemption of tenancy rights under the Rajasthan Preemption Act of 1966. S.N. Modi J. before whom these appeals came up fo













































































































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