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1963 Supreme(P&H) 39

MEHAR SINGH, A.N.GROVER, SHAMSHER BAHADUR
Maharaj Kishan Mulkh Raj – Appellant
Versus
Tara Singh – Respondent


Advocates:
M.R. Mahajan, and Sat Dev, for Appellant; J.S. Shahpuri and L.S. Wasu, for Respondents.

Judgement

ORDER OF REFERENCE

MEHAR SINGH, J. :- Tara Singh respondent was serving a sentence of 20 years imprisonment in a murder case and his mother, Kartar Kaur respondent, on his behalf, instituted a suit to preempt a certain sale. In that suit she deposited Rs. 2,000/- as one-fifth of the value of the property as security according to Section 22 of the Punjab Pre-emption Act, 1913 (Punjab Act 1 of 1913). The suit was decreed with the usual condition that if the pre-emptor deposited the remaining amount, on the basis of which the pre-emption decree was made, by or before March 10, 1960, he would be entitled to possession of the property, otherwise the suit shall stand dismissed. Tara Singh respondents mother failed to make the deposit of the remaining amount with the result that the pre-emption suit was dismissed on the date last mentioned.

2. Appellant Maharaj Kishan instituted a suit to recover Rs. 2,500/- principal and Rs. 100/- as interest from the respondents, Tara Singh and his mother Kartar Kaur. It appears that in that suit also, Tara Singh was represented by his mother Kartar Kaur. There was a compromise between the parties in that suit and in that compromise, which was a

























































































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