PARBHU DAYAL Vs. GINNI

JUDGEMENT

(1.) THE defendants -appellants have filed this appeal against the judgment and decree dated 3rd January, 1991 passed by the Additional District Judge by which the appeal filed by the plaintiff -respondent was accepted and the suit filed by the plaintiff was decreed and judgment and decree passed by the trial Court on 20.8.1990 was set aside.

(2.) IN nutshell, the case of the plaintiff -respondent is that on account of death of her father Arjun in February, 1986, she became a co -sharer of the total land measuring 286 Kanals 16 Marlas; that on 16th July, 1986, Ram Sarup and Richhpal brothers of the plaintiff -respondent sold the suit land to the appellant and that the plaintiff -respondent being a cosharer has superior rights to pre -empt the sale.

(3.) THE defendants -appellants controverted the averments made in the plaint and pleaded that the plaintiff -respondent was not a co -sharer Of the suit land. On the pleadings of the parties, the following issues was framed : -