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2015 Supreme(P&H) 1028

BHARAT BHUSHAN PARSOON
Ramesh Kumar – Appellant
Versus
Karnail Singh – Respondent


Advocates:
For the Appellant in RSA No.2487 of 2005:Mr. Arvind Singh, Advocate.
For the Respondents in RSA No.2487 of 2005: None.
For the Appellants in RSA No.2508 of 2005:Mr. Sanjiv Gupta, Advocate.
For the Respondent No.1 in RSA No.2508 of 2005:Mr. Saurabh Bajaj, Advocate.

JUDGMENT

Dr. Bharat Bhushan Parsoon, J.: - Regular Second Appeal Nos.2487 and 2508 of 1995 are being decided by this common judgment as the facts and the law involved therein are the same. Adjudication of these regular second appeals by common judgment is also necessary for clarity of the matter and for better comprehension. For convenience, facts have been taken from RSA No.2487 of 1995.

2. Dinesh Kumar, defendant No.2, respondent No.2 herein, (who was given up vide order dated 31.8.1992) was owner of land measuring 1 kanal 14 marla being 34/1144th shares of 1/5th share of the total land situated in village Bodla, Tehsil Thanesar, District Kurukshetra, detailed and described in the jamabandi for the year 1989-90 as also in the plaint, hereinafter mentioned as the suit land. He had sold the said suit land to Ramesh Kumar, defendant No.1, appellant herein, vide registered sale deed dated 11.1.1991 for consideration of Rs.25,000/- along with all rights appurtenant to the land. Plaintiff Karnail Singh, respondent No.1, claiming superior right of ownership had filed a suit seeking decree by way of preemption.

3. Defendant No.1 had contested the suit tooth and nail. It was claimed that




























































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