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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
AMARINDER SINGH GREWAL
Baru Ram (since deceased) through LRs – Appellant
Versus
Surender Singh – Respondent
JUDGMENT :
AMARINDER SINGH GREWAL, J.
1. This order of mine shall dispose of two regular second appeals bearing Nos.55 of 1995 and 2531 of 1995 as they arise out of same cause of action. Both the appeals have been preferred by the appellant-defendant No.1. challenging the concurrent findings of fact rendered by both the learned Courts below whereby the suit of respondent No.1-plaintiff seeking possession by way of pre-emption has been decreed.
2. For the sake of convenience, facts are being enumerated from RSA No.55 of 1995 and the parties are being described as per their status before the learned trial Court.
3. In brief, the facts are that the plaintiff filed the suit for possession by way of pre-emption in respect of the suit land measuring 16 kanals 3 marlas of land i.e. 323/364 share of land measuring 18 kanals 4 marlas, comprised in Killa No.88/11(8-0), 89//14/1(2-4), 89//15(8-0), Khewat and Khata No.61/86 to 88 situated in village Sainthali, as per jambandi for the year 1984-85 by pleading therein that defendants No.2 to 9, being owners in possession over the suit land, sold the same to defendant No.1 vide registered sale deed 15.05.1989 for a consideration of Rs.28,000/-, whil
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....
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 right of pre-emption is not valid for partial possession when the claimant is a co-sharer in only part of the land sold.
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