KULWANT SINGH Vs. DHARAM PAL

JUDGEMENT

(1.) This is defendant's regular second appeal against the judgment of Additional District Judge, Narnaul, whereby the judgment and decree of the trial Court was upheld.

(2.) Briefly put, the plaintiff filed a suit for possession by way of pre-emption claiming superior right of pre-emption being a co-sharer in the Khewat in respect of land sold by one Ram Devi comprising Khewat No. 34, Rectangle No. 13, Killa No 6/1/2 measuring 2 Kanals 12 Marlas situated in village Bhalki.

(3.) The defendant resisted the suit, denied the allegations of the plaintiff and further pleaded that the sale, in fact, took place for a sum of Rs. 6000/- which was also the market value of-the suit land at the time of purchase. The defendant, thus, specifically denied that the plaintiff is a co-sharer in the joint khata. The other objections with regard to locus standi, maintainability and limitation were also raised.