SHUBH RAM Vs. RAJINDER SINGH

JUDGEMENT

(1.) THE plaintiff pre-emptors-appellants have come up in this Court in Regular Second Appeal against the judgment and decree of the first appellate Court, Gurgaon reversing on appeal those of the trial Court and dismissing their suit for possession by pre-emption of the suit land. FACTS:

(2.) DES Raj and Randhir Singh sons of Kamla sold the suit land to defendants No. 3 and 4 (hereinafter the venders) vide sale deed dated July 26, 1980 for Rs. 15,500/ -. The plaintiffs claim superior right of pre-emption being co-sharers of 1/3rd share of the suit land having purchased the same from Mohinder Singh.

(3.) THE suit was contested by the vendees inter alia on the ground that the suit land had been partitioned during the pendency of the suit. The trial court found that the plaintiffs being co-sharers had a superior right of preemption. It further found that the pre-emptors maintained superior right of pre-emption on the date of sale, on the date of the suit and on the date of decree.