KISHAN CHAND Vs. SANT RAM AND OTHERS

JUDGEMENT

(1.) THE facts giving rise to this regular second appeal briefly stated are as follows :

(2.) ON 8th February, 1965, two brothers, Devi Dass and Chuni Lal, sold the land in dispute for a sum of Rs. 5,000/ - to Fauja Singh and Chanan Singh respondents. Two suits were brought on 5th March, 1966, one by Kishan Chand son of Chuni Lal, and the other by Sant Ram claiming a superior right of pre -emption being vendors' father's brother's son. These two suits were not consolidated. In the suit filed by Kishan Chand, there was a compromise between the parties on 28th March, 1966, and the defendant -vendees conceded that Kishan Chand had a superior right of pre -emption. So he was granted a decree. A copy of that decree is Exhibit D -4.

(3.) KISHAN Chand filed an appeal whereas Sant Ram filed cross -objections against the judgment of the trial Court. Both these were dismissed by the lower appellate Court on 8th May, 1969. Against this order, the present appeal (RSA 923 of 1969) has been filed by Kishan Chand.