LAWS(P&H)-1988-5-93

NIRMAL JIT SINGH AND OTHERS Vs. DATINDER SINGH

Decided On May 31, 1988
Nirmal Jit Singh And Others Appellant
V/S
Datinder Singh Respondents

JUDGEMENT

(1.) THE appeal here arises in a pre -emption matter.

(2.) ON June 21, 1980, the land in suit was sold by Mohan Singh to Nirmaljit Singh and Paramjit Singh for a sum of Rs. 2,00,000/ -. This sale was sought to be pre -empted by Datinder Singh claiming to be the son of the vendor. The right of pre -emption on the ground of relationship no longer survives in view of the judgment of the Supreme Court in Atam Parkash v. State of Haryana and others, (1986 -1) 89 P.L.R. 329.

(3.) SUCH thus being the settled position of law, the judgment and decree of the lower appellate court cannot be sustained and is accordingly hereby set aside. This appeal is thus accepted. There will however, be no order as to costs.