IMAMUDDIN Vs. CHAO KHAN (DECEASED) AND OTHERS

JUDGEMENT

(1.) THE present appellant -Imamuddin, who also happens to be the plaintiff before the trial Court, having been unsuccessful throughout the two courts below, has come up in this regular second appeal. The claim of the plaintiff in precise is based on the contentions that his father Abdulla was co -sharer of the property, which is an agricultural land situated in village Khandawali, Tehsil Hathin, District Faridabad and after whose death he is one of the inheritors to this estate. The plaintiff has alleged that Chameli -respondent No. 2 had inherited a part of this joint property from her deceased husband Nath Singh by way of Rect. No. 15 Killa No. 26 (5 -12), which she alienated in favour of respondent No. 1 Chao Khan her tenant now being represented by his legal representatives through registered sale deed dated 30.05.1983 for a sum of Rs. 4000/ - and has come up in the suit for possession by way of pre -emption having preferential right to this property.

(2.) DEFENDANT No. 1, now respondent No. 1 had only filed written reply taking the stand in preliminary objections that 1/5th of the amount has not been deposited within the time allowed by the court and the sale has been made by the female and does not vests in the plaintiff any right to pre -emption and on merits it is the stand that the suit property was under the tenancy of Chao Khan and who has purchased the same from Chameli for a sum of Rs. 4000/ - over which he has spent almost Rs. 600/ - by way of stamp and registration fee and denied that the plaintiff was a co -sharer or has not preferential right of pre -emption.

(3.) BEFORE this Court, the following substantial questions of law were framed: