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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
DEEPAK GUPTA
Mansa Ram – Appellant
Versus
Jasmer Singh – Respondent
JUDGMENT :
Deepak Gupta, J.
This Regular Second Appeal has been filed by the defendants-appellants against the concurrent findings of the Courts below, inasmuch as, the suit for possession by way of pre-emption filed by plaintiffs Jasmer Singh and Krishan Lal (respondents herein) was decreed by the learned trial Court on 15.09.1994, which was affirmed in appeal by the learned Additional District Judge, Ambala, vide judgment and decree dated 01.03.1995.
2. For convenience, the parties shall be referred to as per their status before the learned trial Court.
3. Pleadings: As per the pleadings, two brothers, namely Hazura Singh and Sarwan Singh, were owners in equal shares of land measuring 32 kanals comprised in one Khewat situated at village Barauli, Hadbast No. 287, Tehsil and District Ambala. Hazura Singh sold his half share, i.e., 16 kanals, in favour of the plaintiffs by virtue of a registered sale deed dated 22.06.1988, thereby making the plaintiffs co-sharers in the joint Khewat. Subsequently, the other brother Sarwan Singh sold his half share, i.e., 16 kanals, to the defendants through a sale deed dated 31.05.1989 (Ex.Dl) for an ostensible sale consideration of Rs. 62,000/-.
4. The
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 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.
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....
The court clarified the burden of proof in pre-emption claims, determining rights based on co-ownership status and necessary parties in litigation.
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