PREM CHAND Vs. HARPAL SINGH

JUDGEMENT

(1.) This is second appeal by legal representatives of original Plaintiff Chamela Ram since deceased, after having remained unsuccessful in both the courts below.

(2.) Chamela Ram filed suit for pre-emption of 4 kanals Land in suit being eastern half of 8 kanals land of khasra No. 93//9, sold by Baseshar Rani etc. to Defendants vide sale dated 3.10.2000. The Plaintiff claimed superior right of pre-emption on the ground of tenancy over the suit Land.

(3.) The Defendants resisted the suit on various grounds. It was, inter alia, pleaded that at the time of sale, Plaintiff had himself surrendered possession and tenancy rights of the suit land in favour of the Defendants. The Plaintiff actively participated in the sale transaction and even attested the sale deed as witness. In fact, the Defendants were purchasing entire 8 kanals but since Plaintiff was in possession thereof as tenant, half of it i.e. 4 kanals was sold to the Plaintiff on the same day and the remaining 4 kanals was sold to the Defendants. The Plaintiff also affirmed affidavit on 3.10.2000 (date of sale deed) affirming that he handed over possession of the suit land to the Defendants-vendees. Defendants pleaded that since then they are in possession of the suit land.