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1968 Supreme(P&H) 54

TEK CHAND
Mohinder Singh – Appellant
Versus
Balbir Kaur – Respondent


JudgmentJudgment

Tek Chand, J.

1. This is a regular second appeal preferred by the defendant vendees against the plaintiffs-pre-emptor from the judgment and decree of the District Judge, Sangrur, affirming that of the trial Court decreeing the suit of the plaintiffs-preemptor.

2. The facts of this case are that one Bagga Singh executed a will on 18th of August, 1948 (Exhibit P/l) in favour of his five daughters stating that his five daughters would become in equal share, owners in possession enjoying the same rights as the testator. He died in 1949. Gurmit Kaur, one of his five daughters, sold her share of the land for Rs. 29,000 to defendants 1 to 8 on 8th of December, 1964. Balbir Kaur, sister of Gurmit Kaur, vendor, instituted a suit for possession by pre-emption on the ground that she was a co-sharer and as such could preempt the sale under Section 15 of the Punjab Pre-emption Act. The defendants-vendees resisted the suit on several grounds which gave rise to the following issues:-

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(1) Whether the plaintiff got a right of pre-emptor with regard to the sale in dispute.

(2) Whether the sale price was actually paid or fixed in good faith?

(3) If issue No. 2 is not proved, what is




























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