WARYAM SINGH AND ANOTHER Vs. ISHAR SINGH

JUDGEMENT

(1.) THIS revision petition has been filed by the Defendant -vendees against the order of the Subordinate Judge 1st Class, Ambala, dated 9th January, 1985.

(2.) BRIEFLY , the facts are that Avinash Chander was the owner of the land in dispute. He sold it to Defendants Nos. 1 and 2 for a consideration of Rs. 7,625/ - vide sale deed on 18 -4 -1978. Two suits for pre -emption were filed -one by Vikas son of the vender (suit No. 108 of 1979) and the other by Isher Singh, tenant of the vendor (suit No. 112 of 1979). Both the suits were consolidated by the trial Court vide order dated 22 -9 -1980, and it was ordered that the evidence would be recorded in suit No. 108 of 1979. While the suits were pending Haryana Government issued a notification dated 24 -9 -1981 under Section 8(2) of the Punjab Pre -emption Act (hereinafter referred to as the Act) declaring that no right of pre -emption shall exist with respect to the sale of the land in dispute. The Subordinate Judge dismissed both the suits on 29 -10 -1981.

(3.) ISHER Singh, the Plaintiff in suit No. 112 of 1979 also moved an application on 26 -10 -1983 that his suit be taken with the other suit and be tried jointly therewith. The Court while dismissing the application of the legal representatives of Vikas ordered revival of the suit of Isher Singh. The Defendant -vendees have come up in revision against the said order to this Court.