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1994 Supreme(P&H) 171

S.K.JAIN, G.R.MAJITHIA
Chhotu – Appellant
Versus
Bijender Kumar Etc. – Respondent


Judgment

G.R.Majithia, J.

1. This judgment disposes of R.S.A. Nos. 1920 and 1919 of 1987 and 1725 of 1988 and C.M.No. 13-C of 1994 in R.S.A. No. 1725 of 1988, as a common question of law arises for determination therein.

2. Facts first :-

The property in dispute originally belonged to one Des Ram, resident of village Earona, District Rohtak. On the death of Des Ram, the property was inherited by his two daughters, viz. Smt. Dharmo and Smt. Ram Kaur. On her death, Smt. Dharmo was succeeded to by the proforma respondents, namely, Gordhan, Deep Chand, Khazan (sons) and Smt. Mam Kaur (Daughter). Smt. Ram Kaur sold her share in the land to Rup Chand (appellant in R.S. A. No. 1919 of 1987 - hereinafter referred to as the vendee) through registered sale deed dated May 26, 1983 for Rs. 25,000/-. Children of Smt. Dharmo (since deceased) sold their share in the land to Smt. Chhotu (appellant in R.S.A. No. 1920 of 1987 - hereinafter referred to as the vendee) vide registered sale deed dated May 26, 1983, for Rs. 25,000/-. Bijender Kumar alias Mool Chand, respondent No. 1 in R.S.No. 1920 of 1987 (hereinafter referred to as the plaintiff) filed two separate suits for possession by preemption cla
















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