RAJ PAL Vs. PARAS RAM

JUDGEMENT

(1.) THE facts of this case are in a narrow compass. Smt. Kasturi sold 1/2 share of Killa No. 2/2 of Rectangle No. 10, Khewat No. 23, Khatoni No. 37 to Raj Pal, plaintiff, on May 6, 1988. Thereafter, she sold 1/2 share of Killa No. 3/1 of Rectangle No. 10 in Khewat No. 23, Khatoni No. 37 to Paras Ram defendant on July 19, 1988. Raj Pal pre-empted the sale dated July 19,1988 by filing civil suit No. 1547 of 1989 instituted on December 7, 1989. The suit was contested by Paras Ram and the parties fought the litigation on the following issues:-

(2.) I have seen the pleadings of the suit, the evidence adduced by the parties in the suit and the judgments of both the Courts below.

(3.) THE learned trial Court vide Para No. 12 of its judgment found as under : "it is clear from the above discussion that plaintiff became co-sharer in the suit land on May 16, 1988 and he was co-sharer prior to sale of the suit land in favour of the defendant which was effected on July 19, 1988, and at the time of sale, and is co-sharer even today. "