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1969 Supreme(Raj) 206

BHANDARI, RHARGAVA, MODI
Hardeva – Appellant
Versus
Ismail – Respondent


Advocates Appeared:
P.N. Dutta, for Petitioner; Makhtoormal, for Opposite parties

BHANDARI, C.J.—This revision application arises out of a suit filed by Ismail and three others against Noora and Hardeva, defendants Nos. 1 and 2 respectively alleging that in field Khasra No. 204 measuring 19 Bighas 7 Biswas in village Nuhand, Tehsil Rajgarh, the plaintiffs had 1/2 share and the other half belonged to Noora defendant No. 1. The field had not been partitioned and the plaintiffs and defendant No. 1 were in joint possession thereof. Defendant No. 1 sold the entire field to defendant No. 2 on 17th October, 1962, under a sale-deed showing a fictitious amount of Rs. 2000/- as consideration and got it registered on 26th October, 1962. The plaintiffs further alleged that they were prepared to purchase share of defendant No. 1 and that they had asked defendant No. 1 to sell the field to them after taking Rs. 1000/- but the said defendant refused to do so. The plaintiffs claimed for a declaration that they were owners of half share in the said field and also a decree for pre-emption of half share of Noora. This suit was contested by defendant No, 2 who denied the case set up by the plaintiffs that they had half share in the field or that they had a right of pre-emption. Dur


















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