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1982 Supreme(P&H) 277

RAJENDRA NATH MITTAL
Mahesh Pal – Appellant
Versus
Desh Raj Singhand – Respondent


Judgment

1. This second appeal has been filed by Mahesh Pal and Danesh Pal, defendants 1 and 2, against the judgment and decree of the Additional District Judge, Faridabad, D/-9-2-1982.

2. Briefly, the facts are that Sukhi defendant 3 along with Rambula, Tek Chand and Chhida was co-sharer and in possession of agricultural land bearing khewat No. 69, Khasra Nos. 37/8 (8-0), 30/12 (3-8), 30/13 (8-0). 30/14/1 (5-0), 30/18 (8-0), 30/19 (2-18), 36/23 (7-9), 36/24 (4-0), 36/26 (0-12), 37/4/1 (1-0), 37/4/2 (5-11), 37/6 (1-13), 37/7/1 (7-12), 37/7/2 (0-7) and 37/14 (8-0), situated within the revenue limits of village Sotai, Tehsil Ballabhgarh, District Faridabad. The plaintiffs had purchased khasra No. 37/4 out of the above joint khewat of the co-sharers from Rambula, Tek Chand and Chhida vide registered sale deed D/-10-6-1977. Thereafter, Sukhi sold 11/72 Share out of the above khewat to Mahesh pal and Danesh Pal defendants 1 and 2 for a consideration of Rs. 22,000.00 vide sale deed D/-29-3-1979. The plaintiffs claimed that they were co-sharers in the land which was sold by Sukhi defendant in favour of defendants 1 and 2, and, therefore, had a superior right of pre-emption. They also chall













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