TEJA SINGH Vs. DEV SINGH

JUDGEMENT

(1.) This is vendee's regular second appeal against the judgment and decree of the Additional District Judge whereby the appeal filed against the judgment and decree of the trial Court was dismissed.

(2.) Plaintiff filed a suit for possession by way of pre-emption in respect of the registered sale deed dated 9.1.1985 claiming a superior right of pre-emption being a co-sharer. His claim was decreed by the trial Court and affirmed in appeal as well. These decisions have been impugned primarily on the ground that the finding recorded by the Courts below that the plaintiff is a co-sharer is not supported by the documentary evidence adduced in this regard. Besides this, the plaintiff being a relation of the vendors has lost his right to pre-empt the present sale. In addition thereto, the appellant has sought reversal of the judgments on the ground that the suit land stands partitioned.

(3.) This appeal was admitted on December 16, 1987. It was also noted that a review petition is pending in the Supreme Court against the judgment in case Atam parkash v. State of Haryana and other, 1986 89 PunLR 329. Respondent No. 1 vide application dated 16.1.1990 prayed for early hearing of the appeal as, according to him, the matter in dispute is squarely covered by the decision of the apex Court in Atam Parkash's case and so this case was ordered to be listed for final disposal vide order dated 3.8.1990.