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2006 Supreme(P&H) 825

HEMANT GUPTA
Ajmer Singh – Appellant
Versus
Dharam Singh – Respondent


Judgment

Hemant Gupta, J.

1. The plaintiffs are in second appeal aggrieved against the judgment and decree passed by the courts below whereby their suit for possession by way of pre-emption was dismissed.

2. One Sumer Singh sold 12 Bighas 14.3/4 biswas of land to Dharam Singh, vendee in R.S.A. No. 2972 of 1979, vide registered sale deed dated 24.3.1974. Similarly, another portion of land measuring 12 Bighas 14.3/4 Biswas of land was sold to Arjun Singh on 24.3.1974 i.e. Subject matter of challenge in R.S.A. No. 2971 of 1979. The-plaintiffs have sought to pre-empt the sales made on 24.3.1974 in favour of Dharam Singh and Arjun Singh on the ground that the plaintiffs are co-sharers in the joint Khata and, thus, have a superior right over the vendee who is a stranger.

3. Both the suits were consolidated and were dismissed. Both the Courts have decided the question of plaintiff being a co-sharer in the context whether the sale is of a share in a the joint Khata or of specific Khasra number. It was held that the sale is of specific khasra number which, according to the recitals in the sale deed, has come to the vendor under private partition and the vendees have acquired right and title


























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