RAJ SINGH Vs. KRISHAN

JUDGEMENT

(1.) BHARAT Bhushan defendant No. 6 sold land on 2.1.1993 for Rs. 3 lacs. It may be mentioned here that he suffered a decree in favour of vendees i.e. defendants No. 1 to 5 on 2.1.1993 so as to avoid pre-emption. It was sale but was given the colour of exchange by the defendants in order to defeat the rights of the plaintiffs who had superior right to pre-empt the sale being co-sharers with Bharat Bhushan.

(2.) PLAINTIFFS Raj Singh @ Raj Pal son of Gian Singh and Gian Singh son of Chamela, filed a suit for possession through pre-emption on 4.1.1994.

(3.) THE Additional Civil Judge (Senior Division), Kurukshetra, dismissed the suit holding that the right of pre-emption was no longer available to the co- sharers-plaintiffs after 17.5.1995 i.e. when the amendment of Section 15 of the Punjab Pre-emption Act as applicable to Haryana came into being. Section 15 as substituted in the original Act as applicable to Haryana reads as under :-