IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
VIRINDER AGGARWAL, J
Jeet Ram and Another – Appellant
Versus
Nihal Singh and Others – Respondent
| Table of Content |
|---|
| 1. facts of the suit for preemption. (Para 5) |
| 2. court's observation on appeal scope. (Para 8 , 10) |
| 3. arguments on merits and legal grounds. (Para 9) |
| 4. findings on partial preemption and necessary parties. (Para 11 , 12) |
| 5. final decision and conclusion of the court. (Para 13) |
VIRINDER AGGARWAL , J .
1. The appellants have preferred this Regular Second Appeal (hereinafter to be referred as “RSA”), challenging the judgments and decrees rendered by both the Courts below. The appeal has been filed with the primary grievance that the findings recorded by the learned Sub-Judge, 1st Class, as well as the learned First Appellate Court, are allegedly contrary to law, based on mis-appreciation of evidence, and result in substantial prejudice to the appellants.
2. The concise facts of the present case are that the respondents- plaintiffs instituted a suit seeking possession of the property by way of preemption of the sale-deed executed in favor of the appellants by defendants No.3 to 5 on 24.07.1986. During the pendency of the suit, the plaintiffs expressly abandoned their claim against defendants No.3 to 5, as recorded on 24.10.1986. Defendant No.1 actively contested the suit, w
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