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2003 Supreme(P&H) 1471

HEMANT GUPTA
Naraini Devi – Appellant
Versus
Surinder Kumar – Respondent


Judgment

Hemant Gupta, J.

1. Plaintiffs are in appeal aggrieved against the judgment and decree passed by the Courts below arising out of the suit for declaration to the effect that the plaintiffs are owner and in possession of 4822 and 2265 shares out of 9060 shares of the agricultural land measuring 226 kanals 10 marlas according to jamabandi for the year 1976-77.

2. Defendant No. 2 to 12 were owners of the agricultural land measuring 226 kanals 10 marlas. However, vide sale deed dated 25.4.1966, 3/4 share of the land was sold by defendant Nos. 2 for 10 in favour of defendant No. 1 for the sum of Rs. 12468/-. Defendant Nos. 11 and 12 conveyed their share out of the land measuring 226 kanals 10 marlas to the extent of 56 kanals 12 marlas vide sale deed dated 30.3.1968 in the sum of Rs. 4150/- in favour of plaintiff Nos. 1 and 2. Thus, the entire land measuring 226 kanals 10 marlas was sold by defendant Nos. 2 to 12.

3. The suit for preemption was filed by father of the plaintiffs in respect of land measuring 120 kanals 11 marlas i.e. 4822 shares being tenant thereon. The said suit was decreed on 30.3.1972 and the preemption money was deposited. It was further alleged that on deposi








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