JAMIL Vs. HASSAN MOHAMMAD AND ORS.

JUDGEMENT

(1.) THIS regular second appeal preferred by plaintiff is directed against the judgment and decree dated 17.02.1987 passed by learned Sub Judge, IInd Class, Gurgaon whereby suit for possession by way of preemption filed by appellant -plaintiff has been dismissed and against the judgment and decree dated 21.09.1987 passed by learned Additional District Judge (II), Gurgaon whereby appeal preferred by appellant -plaintiff has also been dismissed. For convenience sake, hereinafter, reference to parties is being made as per their status in the plaint.

(2.) THE detailed facts are already recapitulated in the judgments of the courts below and are not required to be reproduced. In brief, the facts relevant for disposal of this second appeal are to the effect that plaintiff filed a suit for possession by way of preemption with the averments that Kapura son of Rahim Khan was owner in possession to the extent of 1/4th share in the agricultural land measuring 8 kanals as detailed in para No. 1 of the plaint Said Kapura had sold the suit land to the defendants without the knowledge and notice of the plaintiff for ostensible sale consideration of Rs. 13,000/ -, vide registered sale deed dated 03.06.1983. It was further pleaded that suit land was under mortgage for a sum of Rs. 1400/ - and the said amount was adjusted in the sale consideration and sale price of Rs. 3,000/ - was added, fictitiously in the sale deed. The plaintiff claimed his superior right to pre -empt the sale, being a co -sharer in the suit land.

(3.) ON the basis of pleadings of parties, the Court of first instance framed following issues: