AVTAR SINGH Vs. RAMESH KUMAR

JUDGEMENT

(1.) This revision petition has been filed by Avtar Singh defendant against the order of the Subordinate Judge III Class, Sirsa, Dt. 27th Aug., 1981, allowing the application of Banarsi Das respondent to redeposit Zar-e-panjam.

(2.) Briefly, the facts are the that Nathu Ram sold the property in dispute in favour of Avtar Singh petitioner vide sale-deed Dt. 28th July, 1977. Two suits for possession by pre-emption were filed--one by Ramesh Kumar and the other by Banarsi Dass, son and nephew of the vendor, respectively. Both the suits were consolidated by the trial Court and decided together. It came to the conclusion that both the plaintiffs had superior right of pre-emption. Consequently it decreed the suits with the direction that Ramesh Kumar plaintiff would deposit the amount of Rs. 32,766/- less the amount of Zar-e-panjam, on or before 5th June, 1980, failing which the suit of Banarsi Dass would stand decreed and he would deposit the pre-emption amount on or before 13th June, 1980. In case he failed to do so, then both the suits would stand dismissed.

(3.) The vendee petitioners filed an appeal on 13th June, 1980. Against the judgment and decree of the trial Court which was accepted by the appellate Court on 27th Oct., 1980. And the case was remanded after framing two additional issues for deciding the matter afresh.