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1998 Supreme(J&K) 112

G.D.SHARMA
Shiv Kumar Sharma – Appellant
Versus
Wazir Ajay Vir Chand – Respondent


Advocates Appeared:
Advocate For Appellant: A.V. Gupta
Advocate For Respondent: S.S. Lehar

G.D.Sharma, J.

1. This is civil 1st Appeal against the judgment and decree dated September 10, 1986 passed by the learned Additional District Judge, Jammu whereby he has decreed the preemption suit filed by respondents No. 2 and 9. The facts of the case are that predecessor of respondents No.2 and 9, namely Ved Parkash was a tenant of respondent No. 1 in respect of two rooms and a court year comprising of the house as delineated in the plaint. On 6-12-1979, the said house (inclusive of the demised premises) was sold by respondent No.1 to the appellant for a consideration of Rs. 20,000/-. The original owner had served ejectment notice on the said Ved Parkash whereby tenancy was terminated and he was asked to vacate the premises. Ved Parkash died and his legal heirs (respondents No.2 to 9) remained in possession of the demised premises and on sale of the house they filed suit for prior purchase of the demised premises. The suit was resisted by the appellant inter-alia on various grounds including the denial of their status as tenants in respect of the premises in question. Preferential right of prior purchase to the right of respondents No. 2 to 9 was also claimed by stating that the
























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