PRITAM SINGH Vs. JASKAUR SINGH

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 dismissing the plaintiff appellant's suit for possession by pre-emption of the suit land.

(2.) THE facts :one Sarwan Singh sold his land measuring 70 Kanals 7 Marlas to the defendant-respondent, vide sale deed dated August 16,1988. On May 23, 1989, the plaintiff appellant filed a suit for possession by pre-emption on the ground that he was a co-sharer in the suit land at the time of sale and continued to maintain such status till the filing of the suit and decree. The defendant-respondent contested the claim of the plaintiff and alleged that he was not a co-sharer in the suit land.

(3.) FROM the pleadings of the parties, the following issues were struck :