RAMESH KUMAR Vs. KARNAIL SINGH

JUDGEMENT

(1.) REGULAR Second Appeal Nos.2487 and 2508 of 1995 are being decided by this common judgment as the facts and the law involved therein are the same. Adjudication of these regular second appeals by common judgment is also necessary for clarity of the matter and for better comprehension. For convenience, facts have been taken from RSA No.2487 of 1995.

(2.) DINESH Kumar, defendant No.2, respondent No.2 herein, (who was given up vide order dated 31.8.1992) was owner of land measuring 1 kanal 14 marla being 34/1144th shares of 1/5th share of the total land situated in village Bodla, Tehsil Thanesar, District Kurukshetra, detailed and described in the jamabandi for the year 1989 -90 as also in the plaint, hereinafter mentioned as the suit land. He had sold the said suit land to Ramesh Kumar, defendant No.1, appellant herein, vide registered sale deed dated 11.1.1991 for consideration of Rs.25,000/ - along with all rights appurtenant to the land. Plaintiff Karnail Singh, respondent No.1, claiming superior right of ownership had filed a suit seeking decree by way of preemption.

(3.) DEFENDANT No.1 had contested the suit tooth and nail. It was claimed that since the land was banzar kadim at the time of sale and had been re -claimed by the vendee -defendant, appellant herein, it was not preemptible. It was claimed that the plaintiff, respondent No.1, was not entitled for a decree of pre -emption. It was claimed that Rs.5,000/ - had been spent by the vendee on reclaiming the land. The suit was contested. Claiming the price of the land to have been fixed in good faith and actually paid, existence of cause of action was denied. Dismissal of the suit was sought.