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1965 Supreme(P&H) 206

GURDEV SINGH
Gurbachan Singh – Appellant
Versus
Shrimati Bhagwati – Respondent


Judgment

Gurdev Singh, J.

1. This is a defendants second appeal directed against the appellate judgment and decree of Shri Mohan Lal Jain, Additional District Judge, Karnal, dated 27th April, 1965, upholding the decree for pre-emption obtained by Shrimati Bhagwati respondent No. 1 from the trial Court on 26th March, 1964.

2. The property in dispute is agricultural land measuring 72 Kanals, 8 Marlas being undivided half share of the land which is jointly owned by the pre-emptor Shrimati Bhagwati respondent No. 1 and her sister Shrimati Bohti. This entire property was acquired by these two sisters by means of a gift deed made in their favour by their mother Shrimati Nihali on 19th July, 1960, long after the Hindu Succession Act, 1956, had come into force. On 30th May, 1962, Shrimati Bohti sold her undivided one-half share in the entire land measuring 144 kanals 16 marlas to the appellant Gurbachan Singh and respondents 2 to 4 for a consideration of Rs. 16,000/-. A few days later, on 12th June, 1962 her sister Shrimati Bhagwati, the plaintiff-respondent, is stated to have entered into an agreement (Exhibit D.2) with the appellant Gurbachan Singh and other co-vendees to sell her one-hal


























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