PREMA Vs. SURAT SINGH

JUDGEMENT

(1.) VIDE this single judgment Regular Second Appeal No. 2178 of 1989 Prema v. Surat Singh etc. and Regular Second Appeal No. 2178-A of 1989 Prema v. Surat Singh and Ors. , both arising out of the judgment and decree dated 14-8-1989 passed by Mrs. Nirmal Yadav, Additional District Judge, Gurgaon, are proposed to be disposed of.

(2.) FACTS first, Prema defendant-appellant purchased 1/4 share, measuring 89 Kanals 6 Marias in joint agricultural land for, a sale consideration of Rs. 21,500/- He also purchased l/8th share of joint agricultural land for a sale consideration of Rs. 1,12,000/- from Jai Narain, Janki Parshad, Rameshwar Dass, Pitamber Dayal and Harish Chand. Claiming superior right of pre emption. on the ground of being co-sharers, Surat Singh etc pre empted the sales. Civil Suit No. 129 of 1986 for pre-empting the first sale was instituted on 3-9-1985 whereas Civil Suit No. 124 of 1986 for pre-empting the second sale was instituted on 15-101985. Both the suits were contested by vendees and the following issues were framed:

(3.) THE learned trial Court after taking into consideration the evidence adduced by the parties at the trial and hearing their respective counsel dismissed the suit of the plaintiff.