GULTAN Vs. PARMAL AND ANOTHER

JUDGEMENT

(1.) THIS judgment will dispose of Regular Second Appeal Nos. 2113 and 2J14 of 1981 as both of them arise out of the same judgment of the learned Additional District Judge, Ambala, dated 19th/September, 1981.

(2.) TWO pre -emption suits were filed with respect to the sale made by one Pitamber in favour of Nagina Ram. One suit was filed by Parmal son of Dalmir which was registered as Civil Suit No. 142 of June 12, 1979. The other suit was filed by Gultan Singh, Appellant, which was registered as Civil Suit No. 141 of June 12, 1979. Lateron, both the suits were consolidated by the trial Court and were disposed of by one judgment. By the said judgment, the suit filed by Parmal was dismissed whereas the suit filed by Gultan Appellant was decreed. Dissatisfied with the same, Parmal filed two separate appeals in the Court of the District Judge, Ambala. In both the appeals, the certified copy of the decree -sheet was the same which was prepared in suit No. 142 of June 12, 1979 i.e. Parmal v. Nagina. An objection to the maintainability of the appeal was taken before the lower Appellate Court However, it was of the opinion that it was not necessary for Parmal to prefer two appeals and, therefore, the mistake, if any, was of no consequence. Ultimately, the appeal was allowed and the decrees of the trial Court were set aside. Dissatisfied with the tame, the rival pre -emptor Gultan has filed these two appeals in this Court.

(3.) THE result of the above discussion is that both the appeals succeed, judgment and decree of the lower appellate Court are set aside and that of the trial Court are restored with costs. The Appellant is allowed to deposit the pre -emption money as found die by the trial Court, if not done earlier, on or before 1st May, 1984 failing which the appeal shall stand dismissed.