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VINOD S. BHARDWAJ
Kaniyha Singh (Since Deceased) – Appellant
Versus
Binnu Singh Alias Beer Singh – Respondent
| Table of Content |
|---|
| 1. factual background of the case. (Para 1 , 2) |
| 2. arguments against the plaintiff's qualification. (Para 3 , 4 , 5) |
| 3. findings from trial court on pre-emption. (Para 6 , 7 , 9 , 10) |
| 4. consideration of pre-emption rights and validity of transactions. (Para 8 , 11 , 12 , 18) |
| 5. judgment on sham transactions and pre-emption. (Para 19 , 22 , 23 , 24) |
| 6. conclusion and order dismissing the appeal. (Para 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 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 measurin
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.
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 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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