RAMESH KUMAR Vs. SURAT SINGH

JUDGEMENT

(1.) This is second appeal by Ramesh Kumar plaintiff, who was successful in the trial court, but was non-suited by the first appellate court. Satbir Singh defendant-respondent No. 2 sold 06 kanals 08 marlas land being 1/7th share of 44 kanals 17 marlas land to defendant No. 1 Surat Singh, vide sale deed dated 28.05.1992. In the sale deed, sale consideration was depicted to be Rs. 75,000/-. The plaintiff however alleged that the sale consideration actually paid was Rs. 65,000/-. The plaintiff filed suit for pre-emption of the said sale on the ground of being co-sharer in the aforesaid joint land.

(2.) Defendant No. 1 contested the suit and controverted the allegations of the plaintiff. Learned Sub Judge 1st Class, Karnal, vide judgment and decree dated 29.01.1994, decreed the suit of the plaintiff. Defendant No. 1-vendee preferred first appeal. During pendency of that appeal, Punjab Pre-emption Act, 1913, as applicable to Haryana, was amended w.e.f. 07.05.1995. thereby repealing the right of a co-sharer to pre-empt sale of share of joint land. In view thereof, learned lower appellate court, vide judgment and decree dated 28.07.1995, allowed the said appeal and dismissed the pre-emption suit filed by the plaintiff.

(3.) However, the plaintiff preferred second appeal in this Court, which was allowed vide order dated 11.09.2006 and first appeal was remanded to lower appellate court. Thereafter, learned District Judge, Kamal, vide judgment and decree dated 28.04.2007, allowed the appeal of the vendee-defendant No. 1 and dismissed the pre-emption suit filed by the plaintiff. Feeling aggrieved, the plaintiff has filed the instant second appeal.