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1965 Supreme(P&H) 162

MEHAR SINGH, R.P.KHOSLA
Hazari – Appellant
Versus
Neki – Respondent


Judgment

Mehar Singh, J.

1. Three sales of land were effected by Dhara Singh in favour of Hazari. Amar Singh and Bhan Singh, appellants-vendees. The first sale was on September 20, 1960, of 27 Kanals and 4 Marias, the second was on November 23, 1960, of 36 Kanals and 19 Marias, and the third was on March 6, 1961, of 33 Kanals and 18 Marias. Neki, deceased-plaintiff was Dhara Singhs fathers brother. On the basis of such relationship he pre-empted the three sales under Section 15 (b), thirdly, of the Punjab Pre-emption Act, 1913 (Punjab Act 1 of 1913) and in all the three suits he succeeded in the trial Court. The appellants-vendees failed in the first appellate Court.

2. There were three second appeals in the three suits by the appellants-vendees in this Court. While those appeals were pending Neki, deceased-plaintiff, died on April, 7, 1963. After his death the appellants-vendees in each one of their three second appeals moved an application under Order 22, Rules 3 and 4 of the Code of Civil Procedure to bring on the records of the appeals the legal representatives of Neki, deceased--plaintiff Three legal representatives have been named. The first is Dhara Singh vendor, and the othe















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