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MANISHA BATRA
Kartar Singh – Appellant
Versus
Bhagwan Kaur – Respondent
JUDGMENT
Manisha Batra, J.
The present appeal has been filed by the defendant-Kartar Singh against the judgment and decree dated 23.08.1991 passed in Civil Appeal No.90-CA of 1990 titled as Kartar Singh v. Bhagwant Kaur whereby the judgment and decree dated 25.08.1990 passed in Civil Suit No.596-C of 1988 titled as Bhagwant Kaur v. Kartar Singh thereby decreeing the suit of the plaintiff, had been affirmed and the appeal of the defendant Kartar Singh had been dismised.
2. For the sake of convenience, the parties shall be referred to hereinafter as per the original nomenclature as mentioned in the suit.
3. Brief facts of the case relevant for the purpose of disposal of this appeal are that the plaintiff Bhagwant Kaur filed the above mentioned civil suit on the averments that she was co-sharer in the land comprised in Khewat No.221 Khatuni No.363 to 367 (hereinafter mentioned as "disputed land") fully detailed out in the head note of the plaint. Smt. Nand Kaur who was another co-sharer had sold her 1/6th share in the disputed land to the defendant Kartar Singh vide a registered sale deed dated 16.12.1987. The sale consideration amount was shown to be Rs.1,27,359.37 paise though infact
The court clarified the burden of proof in pre-emption claims, determining rights based on co-ownership status and necessary parties in litigation.
Right of pre-emption, being a weak legal entitlement, can be defeated by all lawful means if the transaction is deemed a sham transaction.
The right of pre-emption is a weak right and can be defeated by legitimate means, including proving a transaction as a sham intended to defraud the opposing party.
The court ruled that co-ownership acquired through sale does not confer superior rights in pre-emption claims, and failure to prove lack of notice under the Punjab Pre-emption Act is detrimental to t....
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