KARNAIL KAUR Vs. BABBAR SINGH

JUDGEMENT

(1.) Pritam Kaur vendor sold one parcel of land in favour of the defendants-respondents herein vide Sale Deed dated 1.5.1990. She also sold another parcel of land to same defendants vide another Sale-Deed dated 29.5.1990. Petitioner filed two suits for possession by way of pre-emption, namely Suit No. 1544-C dated 12.11.1990 and in which she impugned Sale Deed dated 1.5.1990 and in Suit No. 1545-C dated 12.11.1990. She impugned Sale Deed dated 29.5.1990. Thereafter, she made an application in Civil Suit No. 1544-C dated 12.11.1990 for stay of the suit. This prayer was declined. This order has been challenged here in this civil revision.

(2.) Learned counsel for the petitioner has failed to point out how the proceedings in the civil suit No. 1544-C can be stayed in terms of Section 28-A of the Act does not apply to the facts of the present case. However, considering that these suits were filed on the same date, trial Court is directed to consolidate both the suits as the plea taken by the plaintiff in both the suits is that she is co-sharer and is entitled to pre-emption the sale.

(3.) With this observation, this civil revision is disposed of.