MAGHAR SINGH Vs. KEWAL RAM

JUDGEMENT

(1.) This revision arises out of an order of the lower appellate Court, accepting the two applications made by the present respondent for being allowed to put in some documents by way of additional evidence in the lower appellate Court.

(2.) A suit had been brought by the plaintiff, who is respondent before me, seeking possession of the land which was the subject-matter of a sale by exercise of the superior right of pre-emption, which was claimed on two grounds, namely, that he was a co-sharer and that he was father's brother's son of the vendors. The defence taken by the vendees was that they were the tenants of the land under the vendors.

(3.) The trial Court found that the plaintiff was a co-sharer. So far as the relationship is concerned, it was held that it had not been proved inter alia because the pedigree table had not been produced on the record. With regard to the tenancy, the trial Court held against the vendees. A decree was, therefore, granted to the plaintiff on the ground that he was a co-sharer.