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    <title>1974 (8) TMI 124 - Supreme Court</title>
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    <description>A claim to pre-emption based on co-sharership under Section 15(b) fourthly of the Punjab Pre-emption Act fails unless the claimant proves that co-sharer status subsisted until the decree. The Court found that the appellants did not produce the registered sale deed showing divestment of their rights, nor reliable proof that the remaining land formed part of the relevant khewats. Oral evidence was therefore insufficient, and an adverse inference was drawn from the withheld best evidence. The appellants accordingly failed to establish the statutory basis for preference, and the claim was dismissed.</description>
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    <pubDate>Mon, 05 Aug 1974 00:00:00 +0530</pubDate>
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      <title>1974 (8) TMI 124 - Supreme Court</title>
      <link>https://www.taxtmi.com/caselaws?id=272447</link>
      <description>A claim to pre-emption based on co-sharership under Section 15(b) fourthly of the Punjab Pre-emption Act fails unless the claimant proves that co-sharer status subsisted until the decree. The Court found that the appellants did not produce the registered sale deed showing divestment of their rights, nor reliable proof that the remaining land formed part of the relevant khewats. Oral evidence was therefore insufficient, and an adverse inference was drawn from the withheld best evidence. The appellants accordingly failed to establish the statutory basis for preference, and the claim was dismissed.</description>
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      <pubDate>Mon, 05 Aug 1974 00:00:00 +0530</pubDate>
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