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VINOD S. BHARDWAJ
Kaniyha Singh (Since Deceased) Through LRs. – Appellant
Versus
Binnu Singh Alias Beer Singh – Respondent
JUDGMENT :
Mr. Vinod S. Bhardwaj, J.
Appellant-defendant has preferred the present Regular Second Appeal against the judgment and decree dated 31.07.1990 passed in Civil Suit No.272 of 1988 by the Court of Sub Judge IInd Class, Jhajjar whereby the suit of the respondent-plaintiff praying for a decree of possession by pre-emption of the suit land was decreed as well as the judgment and decree dated 07.08.1991 passed by the Additional District Judge, Rohtak, in Civil Appeal No.10/13 of 1990, decided on 07.08.1991, whereby the appeal preferred by the appellant-defendant was dismissed.
2. Briefly summarized, the facts of the present case are that one Bhuria son of Shalu Singh had two sons namely Jai Narain Singh and Prithi Singh. Jai Narain Singh was owner of land measuring 04 kanals comprised in Khewat No.351 min Khata No.414 min, Killa No.97/11 (8-0) to the extent of ½ share situated in the revenue estate of village Luhari, Tehsil Jhajjar, District Rohtak, as per Jamabandi for the year 1985-86. The said Jai Narain Singh executed a registered sale deed dated 11.05.1988 with respect to the aforesaid land measuring 04 kanals for a total sale consideration of Rs.20,000/- (Rs.5000/- per kana
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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