RAJINDER SINGH Vs. BALBIR SINGH AND ORS.

JUDGEMENT

(1.) THIS Regular Second Appeal is directed against judgment and decree dated 05.10.1990 passed by the Court of learned Additional District Judge, Karnal whereby appeal filed against the judgment and decree dated 23.04.1988 passed by the learned Sub Judge, Ist Class, Panipat was accepted and suit of the plaintiff for possession of suit land on the basis of pre -emption right was dismissed.

(2.) FOR convenience sake, hereinafter, reference to the parties is being made as per their status in the Civil Suit.

(3.) AS per plaintiff, Kishan Chand son of Mange Ram was owner in possession of 1/5th share of the suit land detailed above and he had sold his share to the plaintiff for a consideration of Rs. 25,000/ - vide sale deed dated 05.06.1985 and registered on 08.08.1985 but the possession of the land was given thereafter. The plaintiff had claimed the right of pre -emption on the basis of co -sharership alleging himself to be co -sharer at the time of sale and that still he is co -sharer in possession of the joint khewat. As per plaintiff, prior to the sale, no notice was given to him and prayed that the suit for possession on the basis of right of pre -emption being co -sharer be decreed.