LAWS(P&H)-2010-7-103

BOHRU Vs. KHUBI

Decided On July 28, 2010
Bohru Appellant
V/S
KHUBI Respondents

JUDGEMENT

(1.) THIS appeal by the appellant-plaintiff is directed against the judgment and decree passed by the learned Additional District Judge, Faridkot, dismissing the suit for possession by way of pre-emption filed by the plaintiff-appellant.

(2.) THE plaintiff-appellant filed suit for possession by way of preemption, on the pleadings that DW-3-Bhagwan Sehai was owner of agricultural land, as detailed in para 1 of the plaint. The plaintiff-appellant claimed to be co- sharer in the khewat in dispute along with the vendor as also his cousin. The defendants No. 1 and 2, the vendees were said to be the strangers to the land. The plaintiff-appellant clamed that no notice as required under Section 19 of the Punjab Pre-emption Act was served upon the plaintiff.

(3.) ON the pleadings of the parties, learned trial Court framed the following issues :-