RAKESH AND ORS. Vs. DEVI DUTT AND ORS.

JUDGEMENT

(1.) RESPONDENT No. 1 -Plaintiff Devi Dutt filed preemption suit against proforma Respondents No. 2 and 3 (original vendees) who purchased the suit land measuring 42 kanals 7 marlas from Smt. Chhano vide registered sale deed dated 22.8.2005. Chhano was originally impleaded as Defendant No. 3 but was given up as unnecessary. Original vendees were impleaded as Defendants No. 1 and 2.

(2.) PLAINTIFF claimed right of preemption on the ground of tenancy over the suit land.

(3.) LEARNED Additional Civil Judge (Senior Division), Jhajjar vide judgment and decree dated 19.5.2010 decreed the Plaintiff's suit for possession by preemption of 19 kanals 18 marlas land out of the suit land, on which Plaintiff's tenancy was held proved. Appellants herein claimed to be subsequent vendees from the original vendees/Defendants No. 1 and 2. Defendants No. 1 and 2 along with Appellants herein jointly filed first appeal against judgment and decree of the trial court. Learned Additional District Judge, Jhajjar vide judgment and decree dated 15.11.2010 has dismissed the said appeal. Feeling aggrieved, the instant second appeal has been preferred by the subsequent vendees only.