PRITO Vs. RAM SINGH

JUDGEMENT

(1.) The present Regular Second Appeal has been preferred against judgment and decree dtd. 6/10/1993, passed by learned District Judge, Kurukshetra, whereby appeal filed by respondent No. 1/plaintiff (Ram Singh) against the judgment and decree dtd. 29/10/1992, dismissing his suit for pre-emption; was allowed and a decree for possession by way of pre-emption of the suit land was passed in his favour.

(2.) Briefly, respondent No. 1/plaintiff (Ram Singh) filed a suit for possession by way of pre-emption, inter alia, pleading that defendants No. 4 and 5 in the suit, namely, Kundan son of Nathu Ram and Chuhar Singh son of Kundan, were the owner of the land measuring 1 kanal being part of Khasra No. 15/1/2, which was sold by them to defendants No. 1 to 3 in terms of sale deed dtd. 29/6/1985 for a fictitious sale consideration of Rs.20,000.00. It was claimed by respondent No. 1/ plaintiff that he is co-sharer in the suit land and hence, had superior right of pre-emption qua the vendees i.e. defendants No. 1 to 3. It was pleaded that since the vendees did not admit the superior right of pre-emption of respondent No. 1/plaintiff, accordingly, the suit for possession by way of pre-emption was filed.

(3.) In the aforementioned circumstances, the present regular second appeal has been filed before this Court.