P&H: Sets Aside Pre‑Emption Decrees, Calls Co‑Sharer Decree “Calculated Device”.

punjab-haryana
⚖️ Order Date: 15 May 2026
Headnotes
Revenue entries — Decree never reflected in revenue record - Circumstance that decree was never reflected in revenue record reinforces the inference of collusion, as a genuine settlement would ordinarily be sanctioned and incorporated in Jamabandi. (Para 39) Pre-emption — Person who acquires status of co‑sharer through a collusive arrangement cannot invoke equitable jurisdiction relating to pre-emption so as to unsettle a prior lawful transaction. (Para 47) Punjab Pre-emption Act, Ss.19, 20, 21 - Pre-emption —  Co-sharer u/s 19

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Facts of the Case
P&H: Sets Aside Pre‑Emption Decrees, Calls Co‑Sharer Decree “Calculated Device”.   High Court has allowed two Regular Second Appeals filed by the vendees and dismissed two cross‑appeals and related contempt petitions in a long‑running land dispute over pre‑emption rights. Court concluded that a family decree creating co‑sharership in favour of the plaintiff was a collusive arrangement intended to defeat the vendees’ prior contractual rights. The case arose from two sale deeds covering over 175 acres

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