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2010 Supreme(P&H) 1769

RAKESH KUMAR JAIN
Roshan Lal – Appellant
Versus
Sadhu – Respondent


Judgment

Rakesh Kumar Jain, J.

1. Defendants No.2 to 4 are in second appeal against the judgment and decree of both the Courts below whereby suit filed by the plaintiff/pre-emptor has been decreed.

2. In brief, the relevant facts of the case are that defendant No.1-Randhir Singh (Vendor) was the owner in possession of agricultural land measuring 19 kanals 10 marlas, being half share of the land measuring 39 kanals 0 marla, which was sold to defendants No.2 to 4/appellants (Vendees) for a consideration of Rs.1,95,487/- vide sale deed dated 8.11.2009, which was registered on 11.11.1991. Sadhu son of Kundan/Plaintiff/pre-emptor filed suit for possession by way of pre-emption on 2.1.1992 to pre-empt the sale deed dated 11.11.1991 alleging that the plaintiff/pre-emptor being co-share with defendant No.l has a superior right to pre-empt the suit land. The suit was contested only at the instance of defendants No.2 to 4 (vendees) who had alleged that the suit land has been purchased by them for a sum of Rs.1,95,487/- and have also spent a sum of Rs.10,000/- on its improvement. They also amended the written statement alleging the partition of the suit land. It was also claimed that they were






























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