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2006 Supreme(P&H) 21

VINEY MITTAL
Krishan Lal – Appellant
Versus
Himta Ram – Respondent


Judgment

Viney Mittal, J.

1. The vendees are the appellants before this Court who have lost concurrently in a suit for pre-emption filed by the plaintiff-respondent.

2. Plaintiff Himta Ram filed a suit for pre-emption on December 14, 1989 claiming a right of pre-emption with regard to land measuring 32 kanals which had been sold by Smt. Shakuntla Devi, widow of Bahadur Singh, to Krishan Lal and Bhagwan Singh through a registered sale deed dated December 15, 1988 for a consideration of Rs. 1,17,000/-. The plaintiff claimed that 20/32 shares had been sold in favour of defendant No. 1 Krishan Lal, whereas, 12/32 shares had been sold in favour of defendant No. 2 Bhagwan Singh. It was further claimed by the plaintiff that although the actual price was fixed at Rs. 80,000/- but the consideration had been shown as Rs. 1,17,000/-. The plaintiff claimed that he was a co-sharer alongwith Shakuntla Devi in the joint Khata and Khewat and, therefore, had a preferential right to purcahse the land. It was also claimed that the defendants were strangers and had no concern with the suit land and, therefore, the plaintiff had a superior right to purchase the same.

3. The suit was contested by the def
























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