PIARA SINGH Vs. BALDEV SINGH

JUDGEMENT

(1.) This is second appeal by plaintiff-Piara Singh who was successful in the trial court but has been non-suited by the lower appellate Court.

(2.) Suit land measuring 4 kanals out of 11 kanals comprised of khasra Nos.405/1(3-0) and 406 (8-0) was sold by defendants No.1 and 2 (proforma respondents No.2 and 3) (since given up in the trial Court) to Baldev Singh-defendant No.3/respondent No.1 vide registered sale deed dated 24.05.2002 for consideration of Rs. 1,25,000/-. Plaintiff filed preemption suit to preempt the said sale on the ground that he is in cultivating possession of the entire 11 kanals land including 4 kanals suit land as tenant on 1/3 batai since long.

(3.) Defendant No.3 vendee contested the suit and denied the tenancy of the plaintiff and claimed to be owner in possession of the suit land.