RAM CHAND AND ANR. Vs. PARMAN AND ORS.

JUDGEMENT

(1.) THIS is a Defendants' second appeal arising out of a suit for possession by pre -emption.

(2.) ON May 18, 1964 Gian Chand executed a sale -deed of the property in dispute in favour of the Appellants. The Respondents filed a suit, out of which the present appeal arises, claiming to be reversionary of the vendor and asserting that they were not bound by the sale transaction on the death of the vendor inasmuch as the sale was without consideration and legal necessity. Alternatively, they claimed possession of the property by preemption on the ground that they were agnates of the vendor and co -sharers in the property. During the pendency of the suit the Respondents rested their claim entirely on the basis of the right of pre -emption. The trial -court decreed the suit, holding that the Respondents enjoyed the right of pre -emption claimed by them. An appeal against the decree has been dismissed by the learned Additional District Judge, Kangra by his judgment and decree dated October 10, 1969. And now this second appeal.

(3.) ON March 6, 1917 Notification No. 4669 was issued, providing: