BACHAN SINGH Vs. CHUHAR SINGH

JUDGEMENT

(1.) The present regular second appeal has been filed by the defendant-appellant challenging the judgment and decree dtd. 24/1/1989 passed by the lower Appellate Court decreeing the suit of the plaintiffrespondent while reversing the judgment and decree dtd. 29/8/1988 passed by the Trial Court.

(2.) The brief facts relevant to the present lis are that one Smt. Nirmala Devi was co-owner to the extent of 1/3 share in land measuring 53 kanals - 7 marlas i.e. 17 kanals - 16 marlas situated in village Jogna Khera, Tehsil Thanesar. Vide registered sale deed dtd. 15/7/1985 she sold the said land to the defendant-appellant for a sale consideration of Rs.45,000.00.

(3.) On 13/6/1986, a suit was filed by the plaintiff-respondent for possession by way of pre-emption on the ground that he was a co-sharer in the land and hence had a superior right to pre-empt the sale in question.