DHARAMVIR Vs. BHAGAT RAM

JUDGEMENT

(1.) THE appellants have filed this review application, stating that the plaintiff-respondents have no right to pre-empt the sale, because the applicants are co-sharers in the suit land as they also purchased the land measuring 12 Kanals 9 Marias out of the same joint khewat, vide sale-deed dated 20-8-1985 and, therefore, they had become co-sharers in the khewat. There is no dispute about the said purchases but that purchase was of specific khasra numbers. Though the land purchased by the appellants earlier was part of Rectangle No. 48, out of which the sale, in dispute, had been effected, yet, on account of the sale of specific khasra numbers, they had not become co sharers either in the Rectangle or in the khewat. Therefore, there is no force in this contention of the learned counsel for the appellants and the same is rejected in view of Shrimati Geeta Devi v. Banwari Lal, (1970) 72 P L. R. 446.

(2.) IT has been further contended by the learned counsel for the appellants that there is a contradiction between the judgments and decrees passed by the lower Courts. He has submitted that it has been held by the trial Court that the land was purchased for a consideration of Rs. 25,000/- but, while passing the decree, the trial Court has decreed the suit of the plaintiffs-respondents for Rs. 20,000/ -.

(3.) UNDER issues Nos. 2 and 3, it was held by the trial Court 'that the defendants-appellants have specifically stated that the land, in dispute, was purchased for Rs. 25,000/-; and that, therefore, the market value of the land is held to be Rs. 25,000/- at the time of sale.