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1994 Supreme(P&H) 330

V.K.BALI
Jaspal Singh – Appellant
Versus
Sardul Singh – Respondent


Judgment

V.K.Bali, J.

1. Appellants sought possession by way of pre-emption of land measuring 19 Kanals 1 marla being 1/5th share of total land measuring 95 kanals 4 marks on the basis that they were co-sharers in the land in dispute which was sold by Ajmer Singh to respondent-vendees for a consideration of Rs. 1,33,350/- vide sale-deed dated June 11, 1990. The matter was contested by the vendees on various pleas inclusive of that they were tenants over the land in dispute for the last more than two years prior to the sale and had, thus, preferential right to purchase the same. Whereas all the pleas raised by them were negated by the trial Court, the first Appellate Court in an appeal preferred by them i.e. vendees reversed the findings of the trial Court on the only issue with regard to their being tenants whereas all other findings recorded by the trial Court were upheld. Inasmuch, respondents were held to be tenants over the land in dispute, sale in their favour was protected resulting into dismissal of the suit. Obviously, plaintiff-appellants are in appeal asking for setting aside the judgment and decree passed by the first Appellate Court and restoring the one passed by the tr





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