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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
VIRINDER AGGARWAL
Suraj Bhan – Appellant
Versus
Niadri Devi, (Dead) through her LRs – Respondent
JUDGMENT :
VIRINDER AGGARWAL, J.
1. This appeal commands the earnest attention of this Court, as the appellants–plaintiffs have instituted the present Regular Second Appeal (hereinafter referred to as “RSA”) impugning the judgment and decree dated 04.10.1993, rendered by the learned Additional District Judge, Sonepat, which affirmed, in their entirety, the findings recorded by the learned Trial Court. The Trial Court, by its judgment and decree dated 23.11.1992, passed by the learned Senior Sub-Judge, Sonepat, had decreed the suit instituted by the respondent–plaintiff, seeking declaratory relief under the provisions governing pre-emption.
2. As delineated in the pleadings, it is the appellants’ case that the respondent–plaintiff approached the learned Trial Court with a claim for possession under the right of pre-emption, premised on the contentions enumerated hereunder:-
“Tek Chand, son of Udho Dass, and Shankar Dass, son of Tek Chand, residents of Sonepat, sold 69 kanals and 16 marlas of land, comprised in Khewat No. 37, as detailed in paragraph 1 of the plaint, to Suraj Bhan, Sarup Singh, and Davinder Singh, the defendant–appellants, by a registered sale deed dated 06.11.1987, for
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....
The court clarified the burden of proof in pre-emption claims, determining rights based on co-ownership status and necessary parties in litigation.
Right of pre-emption, being a weak legal entitlement, can be defeated by all lawful means if the transaction is deemed a sham transaction.
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