ROSHAN LAL Vs. SADHU

JUDGEMENT

(1.) Defendants No. 2 to 4 are in second appeal against the judgment and decree of both the Courts below whereby suit filed by the plaintiff/pre-emptor has been decreed.

(2.) In brief, the relevant facts of the case are that defendant No. 1-Randhir Singh (Vendor) was the owner in possession of agricultural land measuring 19 kanals 10 mar-las, being half share of the land measuring 39 kanals 0 marla, which was sold to defendants No. 2 to 4/appellants (Vendees) for a consideration of Rs. 1,95,487/- vide sale deed dated 8.11.2009, which was registered on 11.11.1991. Sadhu son of Kundan/Plaintiff pre-emptor filed suit for possession by way of pre-emption on 2.1.1992 to pre-empt the sale deed dated 11.11.1991 alleging that the plaintiff/pre-emptor being co-share with defendant No. 1 has a superior right to pre-empt the suit land. The suit was contested only at the instance of defendants No. 2 to 4 (vendees) who had alleged that the suit land has been purchased by them for a sum of Rs. 1,95,487/- and have also spent a sum of Rs. 10,000/- on its improvement They also amended the written statement alleging the partition of the suit land. It was also claimed that they were tenants over the suit land of defendant No. 1 till the time of its purchase. From the pleadings of the parties, following issues were framed on 02.09.1993:

(3.) On 09.12.1993, following additional issues were also framed: