MAYA DEVI Vs. RAMESHWAR

JUDGEMENT

(1.) THIS judgment disposes of Regular Second Appeal Nos. 815 and 837 of 1990. These are directed against the judgments and decrees of the first appellate Court affirming on appeal those of the trial Judge decreeing the suit of the plaintiff-respondent for possession by pre-emption of the suit land against the vendee-defendant-appellants.

(2.) THE facts:ram Bilas son of Sultan sold land measuring 12 Kanals being 240/6034th share of the total land measuring 301 Kanals J4 Marias comprised in Khewat No. 10 (Kittas 45) situated in village Bhangarh,. vide sale deed dated June 15, 1984 (Ex. D-2) to the vendee-defendant-appellants (hereinafter the vendees), that the plaintiff-respondent (hereinafter the plaintiff), being a co-sharer in the suit land, initiated the lis claiming possession by pre-emption ; that that the said lis was registered as Civil Suit No. 204 of 1985 (giving rise to Regular Second Appeal No. 815 of 1990); that Ram Sarup son of Sultan (brother of Ram Bilas-the vendor of the disputed land in Civil Suit No. 204 of 1985) sold land measuring 12 Kanals comprised in Khewat No. 10 being 240/6034th share of the total land measuring 301 Kanals 14 Marias comprised in Khewat No. 10, Khatauni Nos. 64 to 69 (Kittas 45) situated in village Bhangarh to the vendees by sale deed dated November 21, 1983; that the plaintiff being a co-sharer claimed possession by pre-emption by filing a suit registered as Civil Suit No. 194 of 1984 (giving rise to Regular Second Appeal No. 837 of 1990 ).

(3.) THE trial Court, on appraisal of the evidence led by the parties, found that the plaintiff had a superior right of pre-emption being a co-sharer and decreed his claim for possession by pre-emption in both the suits.