RAJARAM Vs. ARJAN SINGH

JUDGEMENT

(1.) IN order to appreciate the point of law arising, in Regular Second Appeal No. 807 of 1947 the facts of the case may be set out in some detail.

(2.) ON 25-7-1942, Paras Ram, defendant No. 3, sold one half of the land comprised in Khewat no. 102 situate in village Mihra, Tehsil Thanesar, district Kamal, to Arjan Singh and Sahib Ditta defendants Nos. 1 and 2 for Rs. 2,600/ -. That sale was attested by the Revenue Officer in the register of mutations on 14-2-1944. On 25-7-1942, Raj Ram, was an owner of the estate and the vendees became owners of the estate on 2-3-1944. On the 22-3-1944, Paras Ram defendant No. 3 sold one half of the land comprised in khewat No. 102 to Raja, Eabu, Munshi, Mangal, Des Raj , and Ram Singh, sons of Kalu Ram, for Rs. 8,501/ -. By this sale, Raja Ram became a co-sharer in khewat No. 102.

(3.) ON 22-8-1944, Raja Ram instituted Civil Suit No. 195 of 1944 claiming a right of pre-emption superior to that of the vendees on two grounds, namely, (I) that on 25-7-1942, he was an owner of the estate while the vendees became owners of the estate on 2-3-1944, and (2)that he was a co-sharer in khewat No. 102 while the vendees were not.