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2014 Supreme(P&H) 269

HEMANT GUPTA
Umesh Kumar – Appellant
Versus
Anil Kumar – Respondent


Advocates:
For the Appellant (s):Mr. Anil Khetarpal, Senior Advocate with Mr. Gunjan Rishi, Advocate.
For the Respondent(s):Mr. C.B.Goel, Advocate.

JUDGMENT

Mr. Hemant Gupta, J.:- This order shall dispose of aforementioned four regular second appeals, arising out of four separate suits for possession by way of pre-emption of land measuring 13 kanals 18 marlas each in respect of land sold by Om Parkash adopted son of Mst. Kakian Wali in favour of appellants. The plaintiffs Anil Kumar son of Jagdish Chander and Sanjay Kumar son of Dina Nath claim right of pre-emption on the basis of tenancy over the land, subject matter of four sale deeds.

2. Om Parkash executed four separate sale deeds on 04.06.1993. Such sale deeds were made subject matter of suit for pre-emption by the plaintiffs, who alleged themselves to be tenants, therefore, in terms of section 15 of the Punjab Pre-emption Act, 1914, the plaintiffs claimed right to pre-empt the sale. In the written statement, the defendants denied tenancy and also asserted that the defendants were bona fide purchaser for value and consideration. It is pleaded that Mst Kakiyan Wali was owner of 111 kanals 19 marlas of land in village Sandhala. She transferred 1/2 share in favour of her adopted son Om Parkash by way of a civil court decree on 23.02.1970. After some time, she sold her remain



































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