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2015 Supreme(HP) 1231

TARLOK SINGH CHAUHAN
Roshan Lal – Appellant
Versus
Pritam Singh – Respondent


Advocates Appeared:
For the Appellant:Mr. Vivek Singh Thakur, Advocate.
For the Respondents:Mr.Ajay Sharma, Advocate, for respondents No. 1 and 6.

JUDGMENT :

Tarlok Singh Chauhan, J.

The defendant No. 1/appellant has filed this appeal against the judgment and decree dated 13.1.2012 passed by learned District Judge, Kangra at Dharamshla, H.P. The facts of the case may be noticed as follows:-

The respondent No. 1/plaintiff filed a suit for declaration to the effect that he has preferential right to acquire/purchase the property qua 193/1380 share measuring 0- 37-00 hectares from defendant No. 2 comprised in Khata No. 9 Khatauni No. 17 to 19, Khasra Nos. 298, 299, 300, 301, 308, 311, 312, 313, 314, 315, 317, 325, 374, 375, 376, 379, 380, 381, 382, 324, 297 measuring 2-64-58 hectares situated in Village Chandani, Mauja Bhali, Tehsil Jawali, District Kangra, H.P. as per jamabandi for the year 2000-01 (herein after referred to the suit land), subject to depositing of sale consideration of Rs.80,000/- along with other expenses of registration, being the heir in class 1st list of schedule as per Hindu Succession Act 1956. The sale deed bearing document No. 192 dated 14.3.2005 executed by defendant No. 2 in favour of defendant No. 1/appellant is the direct attack on the preferential rights of the plaintiff and the same is required to be











































































































































































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