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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
SUVIR SEHGAL
Dhani Ram – Appellant
Versus
Nafe Singh – Respondent
| Table of Content |
|---|
| 1. plaintiff's status as co-sharer. (Para 2 , 3) |
| 2. defendant's arguments on ownership. (Para 4 , 5) |
| 3. legal standing regarding partial pre-emption. (Para 7 , 8 , 9) |
| 4. court's rejection of previous findings. (Para 10) |
| 5. final ruling on appeal. (Para 11) |
JUDGMENT :
Suvir Sehgal, J.
Appellant/defendant No.l is in second appeal assailing concurrent finding recorded by the two Courts below.
2. Respondent No.l/plaintiff filed a suit for possession of 16 marlas land by way of pre-emption of sale deed dated 03.06.1986. His pleaded case is that he was co-sharer of unpartitioned land measuring 7 kanals 6 marlas along with Bharat Singh and Vaid Singh. Bharat Singh sold his l/9th share, that is 16 marlas, besides other agricultural land totalling 18 kanals 04 marlas to defendant No.l vide sale deed dated 03.06.1986 for a consideration of Rs.60,000/-. Claiming that he is a co-sharer in Khewat No.89 with Bharat Singh, plaintiff filed a suit for pre-emption of 16 marlas land asserting that inflated consideration of Rs.30,000/-, has been mentioned in the sale deed. Upon being served, suit has been contested by defendant No.l, wherein he denied the status of the plaintiff as a co-sharer
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.
The right of pre-emption does not survive post-partition; necessary parties must be included for valid adjudication.
(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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