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1985 Supreme(P&H) 134

J.V.GUPTA
Hardial Singh – Appellant
Versus
Mool Chand – Respondent


Judgment

J.V.Gupta, J.

1. This judgment will dispose of Regular Second Appeals Nos. 2342, 2343 and 2344 of 1983 and 89, 97, 86 and 88 of 1984, as all these appeals have been filed against the common judgment of the Additional District Judge, Karnal, dated 27th September, 1983.

2. Four brothers Mool Chand, Ishwar Chand, Bishan Dass and Tek Chand sons of Assa Nand, sold their lands to Hardial Singh, Ashok Kumar and Smt. Phul Kaur by different sale deeds. Mool Chand sold the land measuring 24 kanals for Rs. 28,500/- vide sale deed dated 10th June, 1977, Ishwar Chand sold land measuring 22 kanals 5 marlas for a sum of Rs. 28,500/- on 18th June, 1977, Bishan Dass sold land measuring 22 kanals 5 marlas on 18th June, 1977 for a sum of Rs. 28,500/- and Tek Chand sold his land measuring 24 kanals 7 marlas for a sum of Rs. 30,500/- on 7th May, 1977. Rakesh Kumar son of Ishwar Chand vendor filed four suits challenging the said sales made by his father and his fathers brothers claiming that he has a superior right of pre-emption being the son of vendor Ishwar Chand and the vendors brothers son of the other three vendors. The suits were contested on behalf of the vendees inter alia on the ground













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