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2001 Supreme(P&H) 881

M.M.KUMAR
Bhim Singh – Appellant
Versus
Mamo – Respondent


Advocates Appeared:
For the Petitioner:Mr. Rajive Bhalla and Mr. Vikram Singh, Advocates.
For the Respondent:Mr. C.B. Goel and Mr. Vikas Mor, Advocates.

JUDGMENT

M.M. Kumar, J. - Could the Court grant extension of time to make up the marginal deficiency in deposit of pre-emption amount in execution of a decree passed in favour of a pre-emptor is the significant question which arises for consideration in the present revision petition ?

2. The brief facts of the case are that the decree holder-respondent Inder Singh (now represented by Smt. Mamo his widow, Smt. Resalo, Roshni, Phullo daughters of later Shri Inder Singh, Zille Singh, Dharam Singh sons of late Shri Inder Singh) filed a pre-emption suit being suit No. 638 of 1974 claiming decree for possession by pre-emption of 24 kanals 1 marla of land representing 1/2 share of land bearing Rect. No. 407, Rect. No. 59 Killa Nos. 3 to 9, 10/2, 11 to 13, 14/1, 20/1 (Total Kittas 14) entered at khewat No. 1 according to jamabandi 1968-69 of village Sanch, Tehsil and District Kaithal. It was further claimed that the suit be decreed in respect of the above said land on payment of Rs. 31,100/-. A decree for possession by pre-emption in respect of land measuring 24 kanal 1 marla representing 1/2 share of the ownership and 1/4th share of the land measuring 96 kanal 3 marlas comprised in Rect. N


































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