RAM DIA Vs. LADHA RAM

JUDGEMENT

(1.) Lekh Raj and Nihal Chand real brothers sold the property in dispute which gave rise to three pre-emption suits. One suit was filed by Sudershan Kumar son of Lekh Raj, Raj Bans and Madan Lal son of Nihar Chand, the second suit was filed by Dhari Ram and the third suit was filed by Ram Diya, who was holding the land in dispute as a tenant. The three suits were consolidated and the learned trial Court passed a decree for pre-emption directing that the suit shall stand decreed in favour of Sudershan Kumar and others if they deposit the pre-emption money before April 18, 1967. In case they did not deposit this money, the suit shall stand decreed in favour of Dhari Ram if he deposited the pre-emption money on or before April 21, 1967. Even if he did not deposit this amount, the suit shall stand decreed in favour of Ram Diya, tenant, the present appellant, if he deposited the pre-emption money on or before April 26, 1967.

(2.) Sudershan Kumar and others deposited the pre-emption money within time and the decree in their favour became final. Dhari Ram and Ram Diya plaintiff in the other suits thought that since the decree in favour of Sudershan Kumar and others had become final there was no use to remain keeping deposited 1/5th of the pre-emption money in Court. They, therefore, withdrew their 1/5th amounts of pre-emption.

(3.) Ladha Ram vendee filed an appeal against the decree granted in favour of Sudershan Kumar and others. At the appellate stage the matter ended in a compromise and the vendee was allowed to retain the property. Dhari Ram and Ram Diya appellant, the plaintiffs in the other two suits filed applications that since the priority decree-holders in the pre-emption suit had suffered their suit to be dismissed by entering into a compromise with the vendee at the appellate stage, they be allowed, to deposit the pre-emption money and to claim possession of the suit property. The prayers were turned down by the learned lower appellate Court. The appeal filed by Dhari Ram was dismissed as having abated. The appeal filed by Ram Diya now only survives for decision.