RAM NARAIN Vs. BIRHAM DUTT

JUDGEMENT

(1.) This regular second appeal arises from judgment and decree dated 05.09.1985 passed by the learned Sub Judge Ist Class, Bahadurgarh as well as from the judgment and decree dated 28.04.1987 passed by learned Additional District Judge (III), Rohtak.

(2.) The detailed facts are already recapitualated in the judgments of the Courts below and are not required to be reproduced. However, the brief facts relevant for disposal of this second appeal are that plaintiffs Surender Kumar (hereinafter referred to as the 'pre-emptor') and Birham Dutt (hereinafter referred to as the 'rival pre-emptor') filed two separate civil suits for possession by way of pre-emption, inter-alia, alleging that defendant no.1 Bishnu Dutt, who was a co-sharer in the land detailed in para no.1 of the plaint, sold his share in favour of appellants-vendeesdefendants for a sum of Rs.49,500/- vide sale deed dated 10.01.1981.

(3.) Plaintiff Surender Kumar sought pre-emption of the sale deed alleging that he being the real son of the vendor has got a preferential right against the vendee, who was the stranger; whereas in the second suit, Birham Dutt, rival pre-emptor sought the pre-emption of the same land with regard to the same sale deed alleging that he has a right to pre-empt the sale being a cosharer.