R.L.ANAND
Om Parkash – Appellant
Versus
Uda Ram – Respondent
R.L.Anand, J.
1. Unsuccessful plaintiff Om Parkash has filed the present regular second appeal and it has been directed against the judgment and decree dated 2.5.1996 passed by the learned Additional District Judge, Sirsa, who dismissed the appeal of the appellant by holding that he has no superior right of pre-emption which has been taken away through the amendment in the Punjab Pre-emption Act, 1913 incorporated by the Government of Haryana vide Amendment Act published in the Gazette Notification dated 17.5.1995.
2. The brief facts of the case are that plaintiff Om Parkash filed a suit for possession by way of pre-emption of the land measuring 28 kanals 8 marla being 1/8th share of the land measuring 49 kanals, 15 marlas fully detailed in the head-note of the plaint, situated at village Mammera, Tehsil and District Sirsa along with all rights pertaining thereto. It was averred by the plaintiff that Kasturi Lal, Subhash Chander, Sudesh Rani and Neelani Rani had inherited the suit land to the extent of 1/2 share after the death of Lachhman Dass and that Kasturi Lal had sold the suit land to the, defendant-vendees and delivered the possession against a payment of Rs. 25,000/
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