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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
ALKA SARIN
Habib Ahmed – Appellant
Versus
Abdul Rehman @ Dulla – Respondent
JUDGMENT :
Alka Sarin, J.
The present regular second appeal has been preferred by the defendant-appellant aggrieved by the judgments and decrees passed by the Trial Courtand the First Appellate Court dated 11.11.1993 and 02.12.1994 respectively.2. The brief facts relevant to the present lis are that the suit land was sold by Aktar Husain in favour of Habib Ahmed (the appellant herein) for a sum of Rs.8,000/- vide a registered deed dated 19.11.1991 (Ex. P-2). The said sale was sought to be pre-empted by plaintiff-respondent, namely, Abdul Rehman on the ground of being a co-sharer in the joint khewat and in that view he had a preferential right to pre-empt the sale and since no notice was given to him hence the suit was filed. The suit was contested by the defendant-appellant on the ground that the plaintiff-respondent was not a co-sharer in the property. He was further allowed to raise an additional plea that the plaintiff had raised a boundary wall on the land of his share after getting the same partitioned before the sale.
3. On the basis of the pleadings of the parties the following issues were framed:-
a. Whether the plaintiff has got superior right of pre-emption as against the def
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.
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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