OMPATTI Vs. RAMESHWAR

JUDGEMENT

(1.) This revision petition has been filed by the plaintiff- decree-holder (hereinafter referred to as the decree-holder). Defendant-1 respondents are referred as the judgment-debtors). The facts giving rise to the revision petition are as under :

(2.) Decree-holder filed a suit for possession by way of pre-emption regarding land measuring 83 kanals 2 marlas. The suit was decreed on 25.7.1978. Judgment-debtors feeling aggrieved against the decree passed filed an appeal which was decided by the first appellate Court on December 22, 1978. In appeal, the decree was partially modified and it was held that the decree- holder shall be entitled to pre-empt 49 kanals of land out of 83 kanals 2 marlas, the details of which are as under :

(3.) Om Patti, decree-holder, aggrieved against the order of the first appellate Court filed RSA No. 738 of 1979. Before the final disposal of the Second Appeal, Supreme Court of India in Atam Parkash v. State of Haryana and others, 1986 89 PunLR 329 held as under:-