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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
SUVIR SEHGAL
Vidhya Devi (Since Deceased) Through Her Lrs – Appellant
Versus
Banwari Lal (Since Deceased) Through His Lrs – Respondent
| Table of Content |
|---|
| 1. details of the pre-emption suit filed by the plaintiff. (Para 1 , 2) |
| 2. arguments regarding co-sharer status and partition. (Para 3) |
| 3. court's analysis on the right of pre-emption and partition. (Para 4 , 7 , 8) |
| 4. legal precedent on pre-emption rights from supreme court. (Para 5 , 6) |
| 5. conclusion and dismissal of the respondent's suit. (Para 9 , 10) |
JUDGMENT :
SUVIR SEHGAL, J.
1. Aggrieved of concurrent findings recorded by the two Courts, appellants/defendants have approached this Court by way of instant second appeal.
2. Facts, in brief, are that the respondent/plaintiff filed a suit for possession by way of pre-emption of sale deed dated 16.05.1988 in favour of the defendant for a sale consideration of Rs.1,93,500/-. Pleaded case of the plaintiff is that vendors, Balwinder Singh etc., sold suit land 83 kanal 11 marlas vide a registered sale deed dated 16.05.1988 in favour of the defendant for sale consideration. Plaintiff, being a co-sharer in the khewats, claims to have a superior right of pre-emption. He averred that at the time of execution of the sale deed, no notice as required under the Punjab Pre-emption Act, 1913 was given to him and the market value of the
The right of pre-emption does not survive post-partition; necessary parties must be included for valid adjudication.
The right of pre-emption is not valid for partial possession when the claimant is a co-sharer in only part of the land sold.
(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....
The status of co-sharers ceases when an order for division of the property is passed under Section 118 of the Punjab Land Revenue Act. The date of this order is the date of partition.
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