HIGH COURT OF HIMACHAL PRADESH
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T.U.MEHTA,C.J. - -
(1.) This Letters Patent Appeal arises out of the decision given by the High Court of Delhi, Himachal Bench, Simla in R. S. A. no. 34 of 1967 holding that the disputed land sold to the respondent Ram Rakha is not liable to be preempted in view of the fact that Ram Rakha was a tenant inducted in this land by the Collector under the East Punjab Utilization of Lands Act, 1949 (Act 38 of 1949) on the date of the sale.
(2.) Short facts of the case can be stated asunder. The land in dispute in this Letters Patent Appeal is covered by Khasra Nos. 603, 604, 606 and 382 min, situated in village Bhalota, Tehsil Una. This laod originally belonged to one Hariya Ram who died in the year 1952 leaving behind him three heirs named (1) Ramji Dass the present appellant -plaintiff, (2) Dina Nath and (3) Savitari Devi, the widow of Banka Ram who had pre -deceased Hariya Ram. Thus on the death of Hariya Ram this land came to be inherited by the above three co -sharers.
(3.) It is found that on 1 -9 -1961 Dina Nath and Savitari Devi the two heirs of Hariya Ram sold their 2/3rd share in the disputed land to the respondent Ram Rakha for the amount of Rs. 800.;
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