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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
DEEPAK GUPTA
Karan Singh – Appellant
Versus
Raghbir – Respondent
JUDGMENT :
Deepak Gupta, J.
Plaintiffs - Karan Singh and others (appellants herein) of the case are before this Court in the present Regular Second Appeal against reversal, in as much as suit for possession by way of pre-emption of the land in dispute filed by them was decreed by the trial Court of learned Sub Judge 1st Class, Panipat vide judgment dated 15.02.1989. However, the appeal filed by the defendants (respondents herein) was accepted by the First Appellate Court of learned Additional District Judge, Karnal, who vide his judgment dated 10.09.1990 set aside the judgment & decree passed by the trial Court, thus dismissing the suit of the plaintiffs.
2. Trial Court record was called. Same has been perused. In order to avoid confusion, parties shall be referred as per their status before the trial Court.
3. Ishwar Singh & Ranbir Singh sons of Banwari Lal sold 7/16th share of the agricultural land measuring 106 kanals 08 marlas out of joint Khewat of 243 kanals 04 marlas of the land situated in the area of Village Nawada, Tehsil Panipat, detailed and described in the head-note of the plaint, in favour of defendants by way of registered sale deed dated 23.08.1984 (Ex.D2) for sale con
Pre-emption rights cannot be asserted when the property in question is deemed non-pre-emptible due to reclamation, as established in the Punjab Pre-emption Act.
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....
(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....
Right of pre-emption, being a weak legal entitlement, can be defeated by all lawful means if the transaction is deemed a sham transaction.
(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.....
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.
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