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Hazari And Ors. vs Zila Singh And Ors. on 30 May, 1969 cites

Sarju Dass, Chela Bhagwan Dass vs Bhag Das, Chela Bawa Jamna Dass on 12 October, 1960

"* * * The case, therefore, differs from that of Sarju Prasad v. Jamna Prasad in which the proprietary right in the property appears to have been transferred. Even if such right had been transferred in the present case we see no reason why the transferee should not be entitled to execute the decree. Such transfer would have operated as fresh sale of the property and would have conferred a fresh cause of action upon pre-emptors. If the transfer in the present case had been one of sale the judgment-debtors, if they are pre-emptors as against the transferee, could not have resisted his right to present possession though they might have recovered the property from him by a suit for pre-emption. It may be that the transaction between the decree-holder and his transferee is one of sale of the property, though ostensibly it is not so, but it is clear that questions of this nature and questions as to preferential right of pre-emption cannot be gone into by a Court executing the decree. The decree-holder had a perfect right to sell his property subject to the right of pre-emptors to buy it, such rights must be asserted by separate suit and cannot be alleged as a bar to the transferee's claim to present possession * *"
Punjab-Haryana High Court Cites 6 - Cited by 1 - A N Grover - Full Document
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