AJMER SINGH Vs. PRABHA RANI

JUDGEMENT

(1.) Land measuring 12 Kanals - 9 Marlas situated in the area of village Gadholi, Tehsil Jagadhri, District Ambala, was jointly owned by the plaintiff Prabha Rani-plaintiff, her brother Babu Ram and her mother Inder Kaur in equal shares. Babu Ram sold his 1/3rd share to Ajmer Singh defendant No. 2 for a sale consideration of Rs. 10,000/-. Claiming superior right of pre-emption being a co-sharer the plaintiff pre-empted the said sale by filing Civil Suit No. 494 of 15.6.1982/13.11.1981. It was decreed by Sub Judge IInd Class, Jagadhri vide his judgment and decree 27.7.1983. The vendee-Ajmer Singh preferred Civil Appeal No. 4/13 of 27.8.1983 against the above suit judgment and decree of the learned trial Court. Additional District Judge, Ambala, vide his judgment and decree dated 7.8.1984, dismissing the appeal.

(2.) It is that judgment and decree of the first appellate Court which has been appealed against by the defendant and which requires any examination of its sustainability.

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