MAHABIR SINGH SINDHU
Jiya Lal (deceased) – Appellant
Versus
Raj Kumar (deceased) – Respondent
ORDER
Mahabir Singh Sindhu, J. - Controversy in the present case relates to right of pre-emption of a co-sharer in terms of Section - 15 (l)(b), Clause 'Fourth' of The Punjab Pre-emption Act, 1913 (as applicable to State of Haryana) for short "the Act" and the part of the text existing at the relevant point of time, reads as under:-
"15 Persons in whom right of pre-emption vest in respect of sales of Agricultural land and village immovable property-
(1) The right of pre-emption in respect of agricultural land and village immovable property shall vest-
(a)......................................................
(b) Where the sale is of a share out of joint land or property and is not made by all the co-sharers jointly:-
FIRST................................................
SECONDLY........................................
THIRDLY............................................
FOURTHLY, in the other co-charers;
FIFTHLY............................................
(c) .............................................."
2. Subject matter of the Us is agricultural land measuring 35 Kanals, 2 Marias, hereinafter referred as "suit land"; which was purchased by appellants-vendees (defendants No. 1 to 5) from def
Ajmer Singh versus Dharam Singh 2006(2) RCR(Civ) 541
Atam Parkash vs. State of Haryana and ors (1986) 2 SCC 249
Babu Verguese vs. Bar Council of Kerala
Gurdial Singh & others vs. Mam Chand 2011 (1) RCR(Civ) 690
Hans Nath vs. Ragho Prasad Singh
Jai Singh and others vs. Gurmej Singh (2009) 15 SCC 747
Pankajakshi (Dead) th. LRs. vs. Chandrika and ors. (2016) 6 SCC 157
Pokhar (dead) by LRs vs. Ram Singh (2009) 16 SCC 625
Ram Niwas vs. Kalu Ram & others 2012 (4) RCR(Civ) 56
Randhir Kaur vs. Prithvi Pal Singh and others
Rati Ram and others vs. Mam Chand and others AIR 1959 P&H 117 DB
Roshan Lal and others vs. Sadhu and another 2011 (1) RCR(Civ) 210
Sham Sunder and others vs. Ram Kumar and others (2001) 8 SCC 24
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