KEHAR SINGH Vs. BALBIR SINGH

JUDGEMENT

(1.) This appeal is directed against judgment and decree of both the Courts below whereby suit of the plaintiff for possession by way of pre-emption, has been decreed.

(2.) A few related facts pleaded by the parties are that Harbhajan Kaur (defendant No. 3) and Amrit Singh (defendant No. 4) sold land measuring 10 kanals 13 marlas comprised in khewat No. 19 rect. No. 23 Killa No. 12(8-0), 13 (8-0) being 2/3 share, out of total agricultural land measuring 16 kanals as per jamabandi for the year 1986-87, alongwith all the rights appurtenant thereto, situated in the revenue estate of village Manak Majra, to the vendees/defendants No. 1 & 2 vide sale deed dated 17.5.90 for an ostensible consideration of Rs. 1,33,000/-. It was alleged that the amount of Rs. 1,00,000/- was given by the vendees to the vendors and the remaining amount was otherwise incorporated in the sale deed in order to ward off the prospective pre-emptors and that no notice of the sale was given to the plaintiffs who had become co-sharers in the joint khewat by way of purchase on the basis of sale deed dated 17.5.1988. As per averments brought on record, the possession was sought by way of pre-empting the impugned sale deed dated 17.5.1990 by the vendors to the vendees on the ground of co-sharership. In the written statement, besides raising preliminary objections, on merits, it is alleged that defendants No. 3 and 4 had sold land measuring 10 kanals 13 marlas in their favour for a consideration of Rs. 1,33,000/- on the basis of which mutation was also sanctioned. It is denied that the plaintiffs are the co-sharers and have got any right of pre-emption in respect of the suit land.

(3.) On the pleadings of the parties, following issues were framed: