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2023 Supreme(P&H) 1382

H. S. MADAAN
Suraj Bans Singh (since deceased) through LRs – Appellant
Versus
Pritpal Singh (since deceased) through LRs – Respondent


Advocates appeared:
For the Parties :Mr. Kanwaljit Singh Senior, Advocate, Mr. Vaibhav Katoch, Mr. H.K. Aurora

Table of Content
1. plaintiff's claim of joint ownership. (Para 1 , 2 , 3)
2. defendants challenging plaintiff's claims. (Para 4 , 5 , 6)
3. overview of prior court decisions. (Para 9 , 10 , 11 , 12)
4. preferential right under section 22. (Para 14 , 15)
5. limitation period for suit filing. (Para 19 , 20 , 21)
6. nature of possession post-sale. (Para 22 , 23 , 24)
7. affirmation of trial court's findings. (Para 25 , 26)
8. dismissal of appeal with costs. (Para 27 , 28 , 29)

Judgment

Mr. H.S. Madaan, J.

Briefly stated, facts of the case are that plaintiff Suraj Bans Singh son of Amolak Singh, resident of WC-134, Opposite Civil Hospital, GT Road, Jalandhar (since dead) represented by his LRs had brought a suit against Pritpal Singh and others, seeking a declaration that plaintiff is joint owner and in joint possession to the extent of 5/9 share in the suit property bearing WC 134 situated at GT Road Opposite Civil Hospital, Jalandhar and sale deed dated 3.12.1999 registered on 10.12.1999 executed by defendant No.2 to 8 in favour of defendant No.1 in respect of specific portion measuring 3 marlas in the house in question is illegal, null and void not binding upon rights of the plaintiff and by

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