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1975 Supreme(J&K) 18

JASWANT SINGH, D.D.THAKUR
Tulsi Ram – Appellant
Versus
Mulkh Raj – Respondent


Advocates Appeared:
Advocate For Appellant: R.C. Nanda
Advocate For Respondent: I.K. Kotwal

Per Thakur J.

1. Appellants suit for possession on the basis of his right of prior purchase was dismissed by the Sub-Judge, Reasi. On appeal, the District Judge, Udhampur, affirmed the decree of the trial court and dismissed the appeal. The plaintiff then preferred a second appeal to this court which was heard by Jalal-ud-Din J. sitting singly who by his judgment dated 18-8-1972 dismissed the same and maintained the decree. This appeal under the Letters Patent against that decree owes its institution to the leave granted by the learned single Judge under Clause 12 of the Letters Patent of this Court.

2. The suit was filed as early as 29-2-1960. It is agonizing that a simple suit for enforcement of a right of prior purchase has taken more than fourteen years in its final decision. The land which is the subject matter of pre-emption was worth Rs. 900/- only. I wonder how many times more is the cost of litigation incurred by the parties, besides, colossal time, which this litigation has consumed.

3. A short history of the case so far as it is relevant for the disposal of the appeal is as follows: -

Mst. Godawari, Isher Dass, and Kewal Krishen were the three out of a number of cosharers




























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