R.S.A. No. 1809 of 2009 (O&M)

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH

R.S.A. No. 1809 of 2009 (O&M)

Date of decision: 30.04.2009

Ranjit

....appellant

versus

Lilu Ram

....respondent

CORAM: HON'BLE MR. JUSTICE VINOD K. SHARMA

Present: - Mr. Vivek Khatri, Advocate,

for the appellant.

***

VINOD K. SHARMA, J. (ORAL)

This regular second appeal is directed against the judgment

and decree dated 5.2.2009 passed by the learned Courts below, vide

which the suit filed by the plaintiff/respondent for possession by way of

pre-emption, stands decreed.

The plaintiff/respondent brought a suit for possession by way

of pre-emption to pre-empt the sale of land measuring 2 kanals 13

marlas, sold in favour of the defendant/appellant, by claiming superior

right of pre-emption being tenant over the suit property. It was also

pleaded that the sale consideration depicted in the sale deed was not

correctly depicted with a view to defeat the right of pre-emption.

The suit was contested by the defendant/appellant on the plea

that the plaintiff/respondent did not have superior right of pre-emption,

for the reason that he was co-sharer in the property in dispute and,

therefore, could n