LAWS(P&H)-2013-11-96

NAVEEN NISCHAL Vs. BRIJ LAL

Decided On November 05, 2013
NAVEEN Appellant
V/S
BRIJ LAL Respondents

JUDGEMENT

(1.) The defendant is in second appeal aggrieved against the judgment and decree passed by the learned trial Court on 11.01.1994 and affirmed by the learned first Appellate Court on 23.02.1995, whereby suit for possession by way of pre-emption was decreed.

(2.) The plaintiff-respondent sought pre-emption of the land measuring 15 kanals 9 marlas in respect of which sale deed dated 06.08.1991 Ex.P3 was executed by Smt. Harnami in favour of the present appellant.

(3.) Both the Courts below have decreed the suit relying upon Mutation No. 1933, Ex.P2, to hold that Brij Lal is a co-sharer with his mother, the vendor. Such mutation has been sanctioned on the basis of a decree dated 15.06.1990.