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2016 Supreme(P&H) 2877

AMIT RAWAL
Wahid (Deceased Through Lrs) – Appellant
Versus
Amar Singh (Deceased Through Lrs) – Respondent


Advocates Appeared:
For the Respondent: Robin Dutt

JUDGMENT :

Amit Rawal, J.

The appellant-plaintiff is in Regular Second Appeal against the judgment and decree of the lower Appellate Court dated 04.11.1987, whereby suit for possession by way of pre-emption challenging the sale deed dated 25.06.1984 executed by other co-sharer in respect of land measuring 3 kanals 15 marlas, has been dismissed, in essence, the judgment and decree of the trial Court dated 14.01.1987, has been set aside.

2. Mr. Ashok Kumar Khubbar, learned counsel appearing on behalf of appellant-plaintiff submits, that aforementioned suit was filed on the premise that as per the jamabandi, the aforementioned land was in joint khata and the appellant-plaintiff had ?th share of the land of 10 kanals and the defendants have sold the land for consideration of Rs. 13,000/- and thus defeated the right of pre-emption. A sum of Rs. 23,000/- so written in the sale deed, whereas it is only Rs. 11,000/- was paid before the Sub-Registrar. The aforementioned suit was contested by the defendants by filing the joint written statement that defendants have purchased the land from the Vendor for a valuable consideration. The co-ownership of the plaintiff was seriously disputed. It was s







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