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2010 Supreme(P&H) 2846

RAKESH KUMAR JAIN
Gurdial Singh And Others – Appellant
Versus
Mam Chand And Others – Respondent


Judgment

Rakesh Kumar Jain, J.

1. The plaintiffs are in second appeal against judgment and decree of the Courts below by which their suit for possession by way of pre-emption on the basis of being tenants over the suit land, has been dismissed.

2. The case set up by the plaintiffs is that defendant No.7 as co-sharer sold agricultural land measuring 12 Kanals 08 marlas, comprised in Khewat No.49, khatoni Nos.76 and 87, Rect. No.19, Killa No.l9/2(0-3), 21(0-17), 22(6-18), 23/1(2-6), Rect. No.42 Killa No.3/l/l(2-4) out of total land measuring 37 Kanals 09 Marias comprised in Khewat No.49, 605 and 221 as per jamabandi for the year 1984-85, to defendant Nos.l to 5 vide registered sale deed dated 05.04.1990 and that defendant No.7 executed lease deed in favour of defendant No.6 to the extent of l/3rd share of land measuring 37 Kanals 09 Marias for a period of 99 years from 30.03.1990 to 29.03.2089 vide lease deed dated 30.03.1990 for a consideration of Rs.10,000/- and possession of the suit land is shown to have been delivered to the lessee, whereas defendant No.7 was not in possession on 30.03.1990 or thereafter, therefore, there is no question of delivery of possession by him to defenda







































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