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1959 Supreme(P&H) 79

HARBANS SINGH
Tara Singh – Appellant
Versus
Gurdial Singh – Respondent


Judgment

Harbans Singh, J.

1. The facts giving rise to this criminal revision may be slated in some detail for the pro-per understanding of the point involved. Gurdial Singh and his three brothers -- Harbans Singh Sohan Singh and Sewa Singh -- together with Dal Singh purchased one-third share in an area mea-suring 588 kanals and 15 marlas comprised in khe-wat No. 52, khatauni No. 53 of the jamabandi of 1951-52 of village Bahri, Tehsil Thanesar, District Karnal, by a sale deed registered on 20-12-1955, for a sum of Rs. 3,000/-. This sale was pre-empted by Tara Singh by a suit dated 18-12-1956, which was decreed on 11-12-1957, on payment of Rs. 4,300/-. This amount was finally paid on 9-1-1958, within the time allowed by the decree. No appeal was filed against this decree and thus, the decree for possession by preemption of one-third share in the land detailed above became final. On 15-1-1958, an application for execution was filed and warrants for possession were issued by the civil Court concerned on 11-3-1958. The Girdawar went to the spot on 16-4-1958, for the execution of these warrants. In the presence of Wadhawa Ram, member Panchayat, Sohan Singh Chaukidar and one Gian Singh, t



















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