ISHWAR SINGH Vs. DALIP SINGH AND OTHERS

JUDGEMENT

(1.) Plaintiff Ishwar Singh, having been non-suited by both the courts below, has filed the instant second appeal. Plaintiff's version is that defendant no.3 was owner of 03 kanals 01 marla land i.e. 61/882 nd share of 44 kanals 02 marlas land and was also owner of 51 kanals 06 marlas land being 1/6 th share of 307 kanals 17 marlas land described in the plaint. Out of his total share of 54 kanals 07 marlas land as aforesaid, defendant no.3 sold 37 kanals 01 marla land to defendants no.1 and 2 vide sale deed dated 19.08.2005.

(2.) Plaintiff filed suit to pre-empt aforesaid sale qua 16 kanals land only alleging that plaintiff and his brother defendant no.4 are tenants over the said 16 kanals land for the last more than 50 years and prior to them, their father was tenant over the said land.

(3.) Defendants no.1 and 2 contested the suit and denied the alleged tenancy of plaintiff and defendant no.4 and consequently, denied their preferential rights of pre-emption.