HARBANS SINGH, PREM CHAND JAIN, GURDEV SINGH
Garib Singh Kishan Singh – Appellant
Versus
Harnam Singh Kishan Singh – Respondent
Gurdev Singh, J.
1. The question for the consideration of this Full Bench may be stated thus:-
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"Whether a vendee who has joined with him a stranger in purchasing agricultural land or immovable property can by acquiring the interest of the stranger co-vendee by gift or sale successfully resist a suit for pre-emption in view of the provisions of Section 21-A of the Punjab Pre-emption Act, 1913?"
2. It has arisen in the following manner:-
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Gharib Singh, Harnam Singh, Partap Singh and Kartar Singh, four sons of Kishna, jointly held 225 Kanals 9 Marlas of agricultural land situate in village Kiampur. Kartar Singh having died, his son Harchand Singh sold his 1/4 th share to his uncle Graham Singh and his wife Shrimati Gurnam Kaur by a registered sale deed, dated 15th March, 1966 (Exhibit D. A.) for Rs.4000/-. On 15th March, 1967, Harnam Singh, a brother of Gharib Singh vendee, brought suit for pre-emption on the plea that he was a cosharer and also near collateral of the vendor Harchand Singh. During the pendency of the suit, on 10th June, 1968, Shrimati Gurnam Kaur made a gift of her share of the land which she had jointly purchased with her husband to her co-vendee Gharib Si
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