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PANKAJ JAIN
Chawli Devi (Since Deceased) through her LRs. – Appellant
Versus
Inder Paul – Respondent
JUDGMENT :
Pankaj Jain, J.
1. These two appeals are inter-connected. Both arise out of suits seeking decree of possession by way of pre-emption by co-sharer. RSA No. 941 of 1991 is at the behest of the defendants, who are aggrieved of the decree of pre-emption passed against them in favour of the plaintiffs. RSA No. 2383 of 1996 is at the behest of the plaintiffs whereby suit seeking decree of pre-emption stands dismissed.
2. Both the appeals are being disposed off by common judgment based upon common set of facts arising out of suits wherein relief claimed is the same i.e. decree of pre-emption though qua different sale deeds but between same parties.
3. Plaintiffs are co-sharers and related to vender Kalanwati. The pedigree table showing their relationship with the vender Kalanwati reads as under:
4. Relationship between Sarbti wife of Devi Lal and Kalanwati-the vender is further evident from the following pedigree table:
5. Hari Singh died in the year 1940. His share also devolved upon his three sisters through his mother Sheo Kauri. The land in dispute is estate of Kalanwati co-owner to the extent of 1/3 in the total land measuring 399 kanal 15 marlas. Kalanwati agreed to sell her sh
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....
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.
(1) Right of pre-emption is a very weak right and could be defeated by all legitimate methods.(2) Pleadings – Omission of a single material fact would lead to incomplete cause of action and in that c....
Pre-emption rights cannot be asserted when the property in question is deemed non-pre-emptible due to reclamation, as established in the Punjab Pre-emption Act.
(1) Pre-emption – In a proceeding of pre-emption question of title in respect of title deeds rarely come up for adjudication as right of pre-emption is not a personal right and is attached with land.....
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