AMAR SINGH Vs. SHEO NARAIN

JUDGEMENT

(1.) This regular second appeal is 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 way of pre-emption of the suit land.

(2.) The appeal came up for motion hearing before N. C. Jain J. on June 8, 1990 and the learned Judge observed thus :-

(3.) The plaintiff-respondents claiming a superior right of pre-eruption being co-sharers filed a suit giving rise to this regular second appeal. The plaintiff-respondents purchased 1/8th share of the land comprised in Khewat No. 42, Khatauni No. 55, Rectangle No. 23, Killa Nos. 1, 11, 20, Rectangle No. 24 Killa Nos. 5, 6,15,16,25/1, Rectangle No. 41 Killa Nos. 13, 18/1 and Khasra Nos. 85, 97, 126, 211/5 from Suit. Shanti daughter of Dilsukh, the vendor, under registered sale deed dated August 2,1984, Exhibit P. W. 1/1. Mutation Exhibit P. C. dated September 10, 1984 was sanctioned in favour of the plaintiffs on the basis of registered sale deed dated August 2, 1984 (Exhibit P. W. 1/1). One of the co-sharers sold 1/8th share in the land mentioned in Exhibit P. W. 1/1 to the vendee-defendant-appellants under sale deed dated October 30, 1985 and mutation thereof was sanctioned on January 10, 1986 vide Exhibit PD The plaintiff-respondents claiming a superior right of preemption filed suit for possession of the land measuring 10 Kanals which was sold by Juther Singh, defendant respondent No. 4 to the vendees-defendant-appellants by means of sale deed, dated October 30, 1985 for Rs. 18,000/-. The Courts below, on appreciation of the evidence, gave a firm finding that the plaintiff respondents were co-sharers in the suit land and had a preferential right of purchase. The defendant-vendees plea, that the land had been partitioned before passing of the decree was negatived.