INDER Vs. JHAMMAN

JUDGEMENT

(1.) THIS judgment disposes of Regular Second Appeal Nos. 1358 and 1359 of 1990. These are directed against the judgment and decree of the first appellate Court affirming on appeal those of the trial Judge decreeing the suit of the plaintiff- respondents for possession by pre-emption of 1/4th share in the suit land in favour of Jhamman and Likhi, plaintiff-respondents, and 3/4th share of the suit land in favour of Hansa, plaintiff-respondent.

(2.) THE facts:sarjit alias Surjit son of Smt. Chandri daughter of Nihala, resident of Ballabgarh, was the owner-in-possession of the suit land; that he had entered into an agreement to sell dated September 19, 1979, with Dalu, father of vendee-defendant-appellants (hereinafter the vendees); that Sarjit did not execute the sale deed in terms of the agreement to sell; that Dalu filed a suit for specific performance of agreement to sell dated September 19, 1979 against him being Civil Suit No. 548 of 1980 and arrayed Jhamman and Kikhi (plaintiff-respondents in Civil Suit No. 271 of 24. 4. 1986) as defendants in that suit since the latter claimed that the vendor had entered into agreement to sell dated August 23, 1979 and pursuant thereto executed sale deed dated November 14, 1979 in their favour for a sale consideration of Rs. 11,000/-; that Dalu challenged agreement to sell dated August 23, 1979 and sale deed dated November 14, 1979 in favour of Jhamman and Likhi, defendant- respondents, being bogus and sham transaction and created only to defeat his right; that Subordinate Judge I Class, Palwal, vide judgment and decree dated February 16, 1983 (Exhibits D-3 and D-4), decreed the suit filed by Dalu and held that agreement to sell dated August 23, 1979 and sale deed dated November 14, 1979 executed pursuant thereto in favour of Jhamman and Likhi, defendant-respondents, were not genuine and did not create lawful title in their favour; that Jhamman and Likhi, defendant-respondents, assailed the judgment and decree of Subordinate Judge 1 Class, Palwal dated February 16, 1983 (Exhibits D-3 and D-4) in Civil Appeal No. 27 of 24. 3. 1983/18. 6. 1984 and the same was dismissed by Shri D. D. Yadav, Additional District Judge II, Faridabad, vide judgment and decree dated October 11, 1984 (Exhibits D-1 and D-2); that after the Civil Court's judgment and decree dated February 16, 1983 (Exhibits D-3 and D-4 Dalu died and the vendees were made party respondents in the appeal filed by Jhamman and Likhi, defendant-respondents; that pursuant to the decree for specific performance of agreement to sell dated September 19, 1979, sale deed dated January 29, 1986 (Exhibit P-1) was executed in favour of the vendees; that the sale pursuant to sale deed dated January 29, 1986 (Exhibit P-1) was sought to be pre-empted by Jhamman and Likhi, plaintiff-respondents (hereinafter the 1st pre- emptors) through Civil Suit No. 271 of 24. 4. 1986 (giving rise to Regular Second Appeal No. 1358 of 1990) and by Hansa, plaintiff-respondent (hereinafter the 2nd pre-emptor) by Civil Suit NO. 883a RBT of 1987 (originally instituted on 11. 10. 1986) giving rise to R. S. A. No. 1359 of 1990; that the 1st pre-emptors and the 2nd pre-emptor claimed superior right of pre-emption being co-sharers in the suit land.

(3.) THE vendees controverted the pleas of the 1st pre-emptors and the 2nd pre-emptor and denied that they had preferential right to purchase the disputed land.