(1.) This is defendants' second appeal challenging the judgment and decrees of the Courts below whereby suit of the plaintiff-respondents for possession by way of pre-emption has been decreed.
(2.) As per the averments made, plaintiff-respondent No.1 filed a suit for possession of the land in dispute by way of preemption on the ground that respondent Nos. 2 to 4 (defendant No. 4 to 6) were the owners and joint possession of the land including the suit land, and they sold the land to the extent of 13/36 share in favour of the appellants (defendant Nos. 1 to 3), for a consideration of Rs.1,99,000/- vide sale deed dated 2.11.1989. The defendants in collusion with each other incorporated the specific khasra numbers, so as to avoid the pre-emption of the sale, and have alleged mutual partition and the recital in the sale deed is not correct because the appellants had purchased a share out of the suit land. The suit land was sold for a consideration of Rs.1,50,000/- and a sum of Rs.1,99,000/- was shown wrongly. No notice was served upon the plaintiff respondent. Hence the present suit,
(3.) The suit was contested by the appellants on the ground that the khewat was not joint between the plaintiff -respondent and defendant Nos. 4 to 6. The plaintiff was the exclusive owners of particular khasra numbers and he was not the co-sharer and the defendant-appellants had purchased specific khasra numbers as there was a mutual partition. The parties were no more co-owners and in joint possession of the suit land. The suit land was rightly sold for sale consideration of Rs.1,99,000/- for which the defendant-appellants were entitled to stamp and registration charges, and had spent a sum of Rs.5928/- for the development of the suit land. Thus, the suit was liable to be dismissed.