RAJESH Vs. BHATERI

JUDGEMENT

(1.) POKHAR s/o Lehri was the owner to the extent of 1/4th share in the agricultural land measuring 77 kanals 14 marlas, fully described in the plaint, situated in the area of village Madan Heri, Tehsil Hansi, Distt. Hisar as Per Jamabandi for the year 1982-83. Vide sale deed dated 28. 6. 1989, he sold his 1/4th share in favour of Rajesh and Gian sons of Surja for a sale consideration of Rs. 65,000/ -. The said sale was pre-empted by Smt. Bhateri d/o Badhu s/o Lehri on the ground of being co-sharer in the joint khewat by filing civil suit 477 of 1989 instituted on 15. 7. 1989 against the vendees. It was after contest that the learned Additional Senior Sub Judge, Hansi decreed the suit of Plaintiff vide judgment and decree dated 17. 12. 1991.

(2.) FEELING aggrieved, the vendees preferred Civil Appeal No. 9-CA on 7. 1. 1992, which was dismissed by Additional District Judge, Hisar. It is that judgment and decree dated 10. 6. 1992 of the lower appellate Court which has been challenged in this Regular Second Appeal by the Vendees and which requires my examination for its sustainability.

(3.) I have seen the pleadings in the suit, the evidence adduced in the suit by the parties and the judgment of both the courts below. Before I proceed further, it is worth mentioning here that before the lower appellate court the vendees had moved an application for eluding additional evidence in order to prove that the suit land had been partitioned. That application was allowed. Thereupon the Vendees exhibited on record following documents :