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SUPREME COURT OF INDIA

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PETITIONER:

JINDA RAM (DEAD) BY LRS.

Vs.

RESPONDENT:

RAM PRAKASH & ANR.

DATE OF JUDGMENT10/11/1995

BENCH:

VENKATASWAMI K. (J)

BENCH:

VENKATASWAMI K. (J)

VERMA, JAGDISH SARAN (J)

CITATION:

1995 SCC Supl. (4) 208 1995 SCALE (6)337

ACT:

HEADNOTE:

JUDGMENT:

J U D G M E N T

VENKATASWAMI, J.

Leave granted.

Heard counsel on both sides.

This appeal by special leave is directed against the

judgment and order dated 18.3.1992 of the High Court of

Punjab & Haryana in RSA No. 2342 of 1981. The question that

arises for consideration in this appeal is whether a

partition effected during the pendency of the appeal affects

the right of a person who was admittedly a co-sharer at the

time of sale of pre-emption.

Brief facts are the following:

The appellants are the legal representatives of one

Jinda Ram who was the plaintiff and filed a suit for pre-

emotion for agricultural land measuring 20 kanals 4 marlas

as described in the Plaint Schedule. This right of pre-

emption was claimed under Section 15(b) fourthly and fifthly

of the Punjab Pre-emption Act, 1913 as a co-sharer a