JAI KANT Vs. MALKHAN SINGH

JUDGEMENT

(1.) CM No.10271-C of 2009 For the reasons mentioned in the application, delay of 8 days in refiling the present appeal is condoned. CM stands disposed of. RSA No.3337 of 2009

(2.) This is defendants' second appeal challenging the judgment and decree of the Lower Appellate Court whereby suit of the plaintiff- respondent for possession by way of pre-emption of the suit land has been decreed.

(3.) The case of the plaintiff-respondent is that he was tenant over the suit land for the last 30 years. Earlier his father, namely, Telu Ram was the tenant over the suit property on payment of Batai under its owner but later on after his death, the tenancy rights over the suit land were inherited by him being son and now he was in actual and physical possession over the suit land as a tenant. It was further averred that the total land measuring 791 Kanals 1 marla was sold through the Court decree dated 19.9.1995 for a consideration of Rs.45,000/- but the plaintiff was a tenant over the suit land measuring 19 kanals 8 marlas, and the proportionate amount for the aforesaid land comes to Rs.1140/-. This land was sold to the defendant- appellants without giving him any notice. He had a superior preferential right to purchase the suit land against the defendant-appellants who are the strangers. It was further averred that despite request, the defendant- appellants failed to recognize his right of pre-emption over the suit land and refused to transfer the land to him. Hence, this suit. Upon notice, the defendant-appellants appeared and filed written statement alleging that the land in question was sold to them through the Court decree for specific performance and the sale deed was got registered through the Court after a long litigation. In the sale deed executed by the Court, possession of the land was not given to the defendant-appellants and the plaintiff-respondent was well aware of such long litigation and never came to assert his title and therefore, suit was liable to be dismissed.