2001 AIHC NOC 32 ::AIROnline 2001 SC 380 ::(2001) 4 Rec Civ R 799 ::2001 (9) SCC 710 ::2001 HRR 368 ::2001 (7) SRJ 250 ::2001 (4) Supreme 356 ::2001 (2) Land LR 491 ::2001 (2) Cur LJ (CCR) 92 ::(2001) 1 DMC 562 ::(2001) 1 Ker LT 578 ::2001 (3) JT 607 ::(2001) 3 JT 607 ::(2001) 2 Cur LJ (Civ&Cri) 92

Supreme Court Of India

Hon'ble Judge(s): Ruma Pal, Shivaraj V. Patil, K. G. Balakrishnan , JJJ

Punjab Preemption Act (1 of 1913) , S.4— Punjab Security of Land Tenures Act (10 of 1953) , S.17— Right of pre-emption-Claim for. by respondent as tenant whether respondent had fulfilled conditions subject to which a tenant could claim rights of preemption-Is mixed question of law and fact-Issue relating to this aspect before Lower Court - Cannot be raised in appeal before Supreme Court - Cannot be raised in appeal before Supreme Court - Only issue raised before Courts below was whether respondent was tenant in respect of law in dispute-Finding as regards tenancy based on fact that rent has been paid by tenant to his landlord-And also on proof of possession showed by production of khasra girdwari-Conclusion arrived at that respondent occupied land as tenant on payment of rent-Not liable to be interfered with. (Para 5 6)