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1960 Supreme(P&H) 229

MEHAR SINGH, BAL RAJ TULI, D.K.MAHAJAN
Lachhman Singh Sunder Singh – Appellant
Versus
Pritam Chand Kirpa Mal – Respondent


Judgment

Mehar Singh, J.

1. This second appeal arises out of a pre-emption Buit by Pritam Chand and Wazir Chand, plaintiffs, against Lachhman Singh defendant, and concerns land situate within the area of village Khamano in Tehsil Samrala of Ludhiana District.

2. There is the Jamabandi of 1960-61, copies. Exhibits P-7 and P-8, of Khewats Nos. 171 and 172, showing Rajinder Singh and Harindar Singh, real brothers, in possession of half share, and Ajmer Singh Sn the remaining half share of rectangles 6, 12, 13 and 16, among others, in Khewat No. 171, and of rectangles 13 and 16 in Khewat No. 172. There is the copy of the Jamabandi of 1952-53, Exhibit P-2, in which those three co-sharers are shown owners of Khewat No. 132/146, among others, rectangles 6, 12, 13 and 16- Apparently the Khewat numbers changed in the subsequent Jamabandi, but the rectangle numbers continued to be the same and so also, it follows, the Killa numbers in each rectangle.

3. On August 20, 1960, by registered sale-deed, Exhibit P-1, Harindar Singh co-sharer sold 48 Kanals and 2 Marias of land to the plaintiffs. The description of the land sold by him given in this sale-deed is that he was selling his share of 46 Ka























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