PRITHI PAL SINGH Vs. AMRIK SINGH

JUDGEMENT

(1.) This petition is directed against judgment dated 25.2.2008 of the learned Single Judge of the Punjab and Haryana High Court whereby he dismissed the second appeal filed by the Petitioners and upheld the judgment and decree passed by the lower Appellate Court, which had approved the decree passed by the trial Court in favour of Respondent No. 2 Bakshish Singh, who is now represented by his legal representatives. Amrik Singh (brother of Respondent No. 2) executed sale deed dated 21.5.1979 in favour of the Petitioners and Respondent No. 1 in respect of 27 kanals 4 marlas land for a consideration of Rs. 37,500/-. The sale deed was registered on 23.5.1979.

(2.) Respondent No. 2 challenged the sale deed in Civil Suit No. 353/1981 and claimed preemption under Section 15(1)(a) of the Punjab Preemption Act, 1913 (for short, 'the Act').

(3.) The Petitioners and Respondent No. 1 contested the suit on various grounds. They pleaded that the suit for pre-emption is not maintainable and, in any case, the same is barred by lime.