RAM MEHAR Vs. UDMI RAM

JUDGEMENT

(1.) THE defendant-vendee Ram Mehar has approached this Court through the present Regular Second Appeal.

(2.) THE plaintiff-Udmi Ram had filed a suit for possession by way of pre- emption regarding the land in question. It was claimed by him that defendants Nos. 1 to 3 had sold the suit land to the vendees through a registered sale deed dated July 21, 1977 and the pre-emptor being a co-sharer in the suit land had a superior right in the suit land.

(3.) THE learned trial Court, on the basis of evidence available on the record, found that the plaintiff was a co-sharer of the suit land and as such had a preferential right to purchase the suit property. Consequently, the suit was decreed on payment of Rs. 16,672/- less 1/5th pre-emption amount to be paid on or before October 3, 1979. It was further directed that on failure to pay the said amount, the suit of the plaintiff shall stand dismissed.