SARDUL SINGH Vs. HARBHAJAN SINGH

JUDGEMENT

(1.) THIS second execution appeal which is directed against the order of the Additional District Judge, Amritsar, dated December 10, 1969 was in the first instance heard by me on 3-4-1972 and the judgment was reserved. Before the judgment could be pronounced respondents Nos. 4 and 5 (who as the office record shows, refused to accept service and were proceeded against ex parte) made an application for the re-hearing of the appeal after setting aside the said ex parte proceedings. I allowed that application by my order, dated April 18, 1972.

(2.) THROUGH two separate suits one filed by Sardul Singh and Rur Singh sons of Katha Singh vendor and the other by Pritam Singh son of Mansa Singh and Chanchal Singh son of Gurbax Singh the sale, dated 20-1-1965 was sought to be pre-empted.

(3.) BOTH the suits were decreed and two separate decrees were passed in terms of Order 20 Rule 14, Civil P. C. directing therein the pre-emptors to deposit the balance amount of their respective shares by 15th May, 1967. In case any of the pre-emptors failed to deposit his share by the due date the other pre-emptor or pre-emptors as the case may be in addition to their own shares could deposit the share of the defaulting pre-emptor and then claim the possession of the share of such defaulting pre-emptor.