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1991 Supreme(J&K) 89

V.K.GUPTA
Gurmeet Singh – Appellant
Versus
Gurbachan Kaur – Respondent


Advocates Appeared:
Advocate For Appellant: K.S. Johal
Advocate For Respondent: S.S. Lehar
Advocate For Respondent: Kuldeep Raj Gupta

1. In this civil revision, the petitioner has challenged that order dated 15-7-1991 passed by the learned District Judge, Jammu, whereby he has decided both the issues against the petitioner and in favour of the respondent No 2-

2. The brief facts leading to filling of this petition are that respondent No 2 filed a suit against the petitioner and respondent No. 2 under the Right of prior purchase Act 1993 (1936 A D.) (hereinafter called as the Act), in respect of a single storied house comprising of two rooms, store one stair case and an open compound situated at Mohall Pratap Garh Jammu. Whereas the plaintiff/respondent No. 2 claimed in the suit the right of prior purchase the petitioner who was the vendee of the suit property along with respondent 1, who was its vender, contested this right The trial court framed as many as five issues for trial vide its order dated 7.5.1982 but out of these, first two issues were treated as preliminary issues and the parties were directed to lead evidence thereon. Vide the impugned order, the trial court has decided these two issues in favour of respondent No. 2 and against the petitioner and respondent No. 1. These two issues are reproduced as u















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