HOSHIAR SINGH Vs. RAJINDER

JUDGEMENT

(1.) In this application, payer made is to dispose of the appeal. It is contended that during the pendency of the appeal by Act No. 10 of 1995 the right of co -sharers to pre -empt the land has been taken away and therefore, the appeal deserves to be allowed and suit of the plaintiffs is to be dismissed.

(2.) At the request of counsel, appeal is taken on Board for final disposal.

(3.) The appeal arises out of a suit filed by the plaintiffs for possession of suit land by way of pre -emption on the ground that they are co -sharers in the joint khata and have a superior right against the vandee who is a stranger. On contest, trial Court dismissed the suit, but the first appellate Court, on re -appreciation of evidence held the plaintiffs to be co -sharers having a superior right of pre -emption. It thus, allowed the appeal of the plaintiffs and consequently, decreed the suit. Hence, this second appeal by the defendant.