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1992 Supreme(MP) 539

K.K.VERMA
Shrikrishan Das Agarwal – Appellant
Versus
Kanhaiyalal – Respondent


Advocates:
N.P. Mittal for appellant; M.M. Kaushik for respondent.

JUDGMENT

K. K. Verma, J. --1.This is plaintiff's appeal from the decree dated 9.4.1974 of the District Judge, Gwalior, in Civil Appeal No.20-A/1967, by which the decree for pre-emption dated 31.7.1967 of the First Civil Judge, Gwalior, in C.S.No.261-N1961 was reversed.

2. Qanoon Haqshafa (Riayasat Gwalior) Samvat 1992, which came into force on 5th July 1936, was repealed by the M.P. Legislature by the Act No. XIV of 1968, it contained no other provision whatsoever. It was published in the Government Gazette on 28.6.1968 when the vendee's appeal was pending before the District Judge.

3. The suit house is to the east of the appellant's house at Lashkar in the city of Gwalior. The owners of the suit house, Ramchandra and others, sold the suit house to the respondent under a sale-deed dated 5.12.60 (Ex.P-1) registered on 10.12.1960. The sale-deed recited that the sale was in consideration of Rs.8,000/.

4. The suit, which was filed against the vendee on 5.12.1961, was based on the following averments:

The plaintiff's father Badri Prasad, who owned the suit house, sold it to one Nathmal alias Nathulal-- father of aforementioned Ramchandra -- by a registered sale-deed dated 24.4.1909, when Nat
















































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