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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
VIRINDER AGGARWAL
Rattan Singh (Since Deceased) Through His Lr. – Appellant
Versus
Mange Ram – Respondent
JUDGMENT :
Virinder Aggarwal, J.
The appellant-Rattan Singh, has challenged the concurring judgments of both the Courts below in the Regular Second Appeal (hereinafter to be referred as 'RSA'), primarily on the ground that the appellant-defendant was a co-owner in the Khewat even prior to the purchase of the suit land. It is contended that, therefore, the respondent-plaintiff had no right of pre-emption in respect of the sale. The appellant further submits that both the Courts below erred in observing that he had failed to place on record evidence to show that Khewat No. 11, which was previously jointly held by the parties, had not been partitioned, and that the entries in the Jamabandi for the year 1987-88 were incorrectly recorded by showing the land purchased by the appellant-defendant in Khewat No. 14/11.
2. For the sake of clarity, the facts of the present case are that the respondent-plaintiff/Mange Ram, instituted a suit for possession of the suit land invoking his right of pre-emption, on the allegation that Defendant No. 2, Rachni, had purportedly sold the suit property to the appellant-defendant for an ostensible consideration of Rs. 44,000/-, whereas the actual consideratio
The court clarified the burden of proof in pre-emption claims, determining rights based on co-ownership status and necessary parties in litigation.
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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