RAMRATI Vs. JAGMAL SINGH

JUDGEMENT

(1.) This is defendant's appeal against the judgment of the Additional District Judge, Rewari, dated 20.3.1991 whereby the appeal filed by the plaintiff against the judgment and decree of trial Court was accepted and suit of the plaintiff for possession by way of pre-emption was decreed subject to deposit of the remaining decretal amount less the amount of preemption money already deposited by the plaintiff on or before 30.4.1991.

(2.) Briefly put the plaintiff filed a suit for possession by means of pre- emption claiming himself to be a co-sharer in respect of the sale-deed dated 4.2.1988 executed by Daya Chand, another co sharer, for sale consideration amount of Rs. 25,000/. The plaintiff further stated that the sale was made without any notice to him. On the other hand, vendee/defendant is a stranger and thus the plaintiff being co-sharer has super for right to pre-emption.

(3.) Defendant No. 1 put in appearance, admitted the sale in her favour but denied that any part of the sale consideration was fictitious. The defendant further stated that the plaintiff was not a co-sharer in the joint khewat of which the suit land is a part and so had no right to pre-empt the same. In addition to this, defendant claimed expenses of stamp and registration charges and sale consideration in case the suit of the plaintiff is decreed. The trial court framed the following issues :-