LAWS(P&H)-1992-10-91

INDER KAUR Vs. RAM SARUP

Decided On October 13, 1992
INDER KAUR Appellant
V/S
RAM SARUP Respondents

JUDGEMENT

(1.) This judgment of mine would dispose of Regular Second Appeal No. 1110 of 1987 and Regular Second Appeal No. 1151 of 1987 as both the appeals are between the same parties and the question to be determined is also by and large common.

(2.) Plaintiff Munshi, the husband of Inder Kaur, appellant before this Court filed two suits one for permanent injunction and the other for possession by way of pre-emption. Since the nature of the two suits is somewhat different, it would be apt to give the facts of the two suits separately.

(3.) Civil Suit No. 334 of 1984 was filed by Munshi claiming a decree for possession by way of pre-emption on the ground that he was tenant of the disputed land measuring 6 Kanals 14 Marlas representing 94/992 share of the land measuring 22 Kanals 2 Marlas comprised in Khewat No. 26 Rectangle No. 33 Killa Nos. 1/10, 10/1, 8/2, 9 and 13/1 situated in the revenue estate of village Siwan. Defendant Nos. 2 and 3 sold the land to the defendant No. 1 Ram Sarup vide registered sale deed dated 26.6.1981 for a sum of Rs. 14,000/- and handed over possession of specific Killa Nos. 1/10(0-18), 10/1(3-16) to defendant No. 1. But Munshi plaintiff claimed himself to be tenant of the vendors at the time of sale.