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2009 Supreme(P&H) 1489

SABINA
Sandeep Bansal – Appellant
Versus
M. L. Hans And Others – Respondent


Judgment

Sabina, J.

1. Plaintiff Manohar Lal Hans filed a suit for pre-empting the sale which was dismissed by the Civil Judge (Jr.Divn.) Hisar vide judgment and decree dated 4.10.1997. In appeal, the said judgment and decree were set aside by the Additional District Judge, Hisar vide judgment and decree dated 12.6.1998. Hence, the present appeal by the defendant.

2. Brief facts of the case, as noticed by the lower appellate Court in para Nos. 2 to 7 of its judgment, are as under :-

"2, Briefly, case of the plaintiff/appellant is that he has been the tenant, on the ground floor of the suit property continuously, since May, 1965. Sh. A.D. Nangia, original owner of the suit property, resident of New Delhi, sold it to the original vendees/defendants namely Prem Virand others, vide impugned registered sale deed dated 20.2.1992 (Ex.P-1), for ostensible sale consideration of Rs. 1,50,000/- without any notice to him, in clandestine manner. Real sale price was only Rs. 1,00,000/- but in order to ward off pre- emption, excessive amount of Rs. 1,50,000/-was mentioned therein.

3 It is pleaded that Hisar Town was founded historically by Feroz Shah Tuglak in the 14th Century (1354 AD) under its


























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