MAHESH PAL Vs. DESH RAJ SINGH

JUDGEMENT

(1.) This second appeal has been filed by Mahesh Pal and Danesh Pal, defendant 1 and 2, against the judgment and decree of the Additional District Judge, Faridabad, D/- 9-2-1982.

(2.) Briefly, the facts are that Sukhi defendant 3 along with Rambula, Tek Chand and Chhida was co-sharer and in possession of agricultural land bearing khewat No. 69, Khasra Nos. 37/8(8-0), 30/12(3-8), 30/13(8-0). 30/14/1(5-0), 30/18 (8-0), 30/19(2-18), 36/23(7-9), 36/24(4-0), 36/26(0-12), 37/41(1-0), 37/4/2 (5-11), 37/6(1-13), 37/7/1(7-12), 37/7/2(0-7) and 37/14(8-0), situated within the revenue limits of village Sotai. Tehsil Ballabhgarh, District Faridabad. The plaintiffs had purchased khasra No. 37/8 out of the above joint khewat of the co-sharers from Rambula, Tek Chand and Chhida vide registered sale deed D/ 10-6-1977. Thereafter, Sukhi sold 11/72 share out of the above khewat to Mahesh Pal and Danesh Pal defendant 1 and 2 for a consideration of Rs. 22,000/- vide sale deed D/- 29-3-1979. The plaintiffs claimed that they were co-sharers in the land which was sold by Sukhi defendant in favour of defendant 1 and 2, and, therefore, had a superior right of pre-emption. They also challenged the consideration. However, this is not relevant for the purpose of deciding the appeal.

(3.) Defendant 1 and 2 contested the suit and controverted the allegations of the plaintiffs. They inter alia pleaded that the plaintiffs were not co-sharers in the khewat as they had purchased a specific khasra number from Rambula etc. and, therefore, they had no superior right of pre-emption. Several other pleas were taken by them but they do not survive in this appeal.