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2005 Supreme(J&K) 141

Y.P.NARGOTRA
Anil Kumar – Appellant
Versus
Arun Parkash – Respondent


Advocates Appeared:
Advocate For Appellant: L.K. Sharma
Advocate For Respondent: V.R. Wazir
Advocate For Respondent: A.H. Naik

These three Civil Second Appeals arise out of a common judgment and decree dated 30.5.1985 passed by the learned District Judge Udhampur whereby the judgment and decree dated 5.8.1989 passed by learned Sub-Judge Udhampur has been upheld and Civil Ist Appeals of the appellant have been dismissed. The appeals have been admitted for hearing on the following substantial questions of law:-

A- Whether error of law has been committed by the courts below in declining to grant the relief of possession on the basis of right of prior purchase in terms of sec.14 (a) Secondly?

B- Whether the issue of limitation is vitiated as being against law?

2. The brief narration of the basic facts involved is that defendants 2&3, Jai Parkash and Rajinder Parkash, who are real brothers of Sukhdev Singh, original plaintiff and predecessor-in-interest of the present appellants, were absolute owners of the land measuring 2-kanal 13 Marlas comprising in survey Nos.332/300/20/104/65, situate at village Sujalta, Tehsil Udhampur which was sold by them to Arum Kumar, defendant No. 1 vide sale deed dated 20.7.1983. The sale deed is the subject matter of CSA 30/95. Likewise Smt.Bhagwanti, the mother of defendants 2&3 an



































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