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VINOD S. BHARDWAJ
Kaniyha Singh (Since Deceased) Through LRs. – Appellant
Versus
Binnu Singh Alias Beer Singh – Respondent
| Table of Content |
|---|
| 1. nature of the evidence regarding property ownership. (Para 1 , 2) |
| 2. arguments about co-sharership and validity of sale. (Para 3 , 6) |
| 3. citations reflecting nature of transactions and rights. (Para 4 , 8 , 10 , 12) |
| 4. arguments and defenses raised by the appellant. (Para 5) |
| 5. court analysis on the validity of transactions. (Para 7 , 9 , 11 , 21) |
| 6. final determination regarding the rights of the parties. (Para 13) |
| 7. court's finding on sham transactions and pre-emption rights. (Para 19 , 22 , 23) |
| 8. final ruling on the appeal and its implications. (Para 24 , 25 , 26) |
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
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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