RAM AVTAR SINGH Vs. JAIPAL SINGH

JUDGEMENT

(1.) The present appeal has been preferred by the plaintiff-appellant against the judgment and decree passed by the lower Appellate Court partly reversing the judgment and decree passed by the Trial Court which had decreed his suit for possession by way of pre-emption.

(2.) The brief facts relevant to the present lis are that the plaintiffappellant filed a suit for possession by way of pre-emption of 12 kanals 0 marlas of land. It was the case set up by the plaintiff-appellant that he was a co-sharer in Khewat No.158 as the defendant-respondent No.3 had sold land measuring 32 kanals to him vide sale deed No.48 dtd. 3/4/1986. Thereafter, defendant-respondent No.3 vide sale deed dtd. 11/8/1987 sold 12 kanals of land in favour of defendant-respondent Nos.1 and 2. The plaintiff-appellant filed a suit for possession by way of pre-emption on the ground that he was a co-sharer in the suit land. Defendant-respondent Nos.1 and 2 contested the suit. Defendant-respondent No.3 was given up by the counsel for the plaintiffappellant on the basis of statement dtd. 10/4/1990. The contesting defendantrespondent Nos.1 and 2 filed their written statements. It was denied that the plaintiff-appellant was a co-sharer in the disputed khewat. Replication was filed by the plaintiff-appellant.

(3.) On the pleadings of the parties, following issues were framed :