AVTAR SINGH Vs. KARNAIL SINGH

JUDGEMENT

(1.) This is defendants' appeal against the judgment and decree of the Additional District Judge, Karnal, whereby appeal filed against the judgment and decree of the trial Court was dismissed.

(2.) Briefly stated plaintiffs brought a suit for possession by means of pre-emption of land measuring 18 Kanals 14 Marlas i.e. 1/2 share of the and measuring 37 Kanals 8 Marlas comprised in Khewat No. 18, min Khatuni No. 34, min, 35 min, Rectangle No. 35, Killa No. 13/2, 18, 23 min, 24, 25, 58/1 and the land measuring 2 Kanals 5 Marlas comprised in Khewat No. 25 min, Khatuni No. 45 min, Rectangle 52/15 min South situated in village Chabai Tehsil Guhla along with all the rights appurtenant to the land as per jamabandi for the year 1969-70.

(3.) It is further stated that Gurbax Singh, Mohan Singh and Mian Singh who were the owners in possession of the land detailed above sold to Avtar Singh defendant, vide registered sale deed dated 9.3.1976 for a sum of Rs. 23,500/-. Plaintiff claimed superior right of pre-emption being co-sharer in the Khewat.