SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

1971 Supreme(P&H) 101

HARBANS SINGH, PREM CHAND JAIN, GURDEV SINGH
Garib Singh Kishan Singh – Appellant
Versus
Harnam Singh Kishan Singh – Respondent


Judgment

Gurdev Singh, J.

1. The question for the consideration of this Full Bench may be stated thus:-

-

"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:-

-

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














































































Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top