GURDEEP SINGH Vs. KULDEEP SINGH

JUDGEMENT

(1.) The appellant, by way of the present Regular Second Appeal, impugns the judgment and decree of the Additional District Judge dated 3.3.1984, vide which Civil Appeal No. 141 of 1983 filed by respondents No. 1 & 2 was allowed and Civil Appeal No. 163 of 1983 filed by the appellant was dismissed.

(2.) One, Shingara Singh was the owner of land measuring 27 kanals 12 marlas. Upon his demise, the land was inherited by his sons Balwant Singh and Joginder Singh, Balwant Singh sold khasra No. 25, Rect. No. 52 and Khasra No,5, Rect. No. 62, to Kulbir Singh and Kuldeep Singh, respondent No. 1 & 2 vide registered sale deed dated 23.6.1979. Thereafter, vide registered sale deed dated 25.11.1980, Joginder Singh sold Khasra Nos. 4/2 and 7/1, measuring 11 kanals 12 marlas, from Rect. No. 62 to the appellant and respondents No. 3 & 4. After the appellant and respondents No. 3 and 4 purchased land from Rect. No. 62, respondents No. 1 and 2 filed the present suit for preemption basing their claim upon their status as co-sharers in Rect. No. 62. The appellant and respondents No. 3 & 4 sought to resist the suit on the plea that as respondent No. 1 and 2 had purchased specific khasra numbers, they did not become co-sharers in the entire khewat. Therefore, the suit was liable to be dismissed.

(3.) On the basis of the pleadings of the parties the learned trial court framed the following issues;-