RAJINDER SINGH Vs. PIRTHI

JUDGEMENT

(1.) NAGINA , respondent No. 3 was the owner of land comprised in Khewat No. 64, Khatauni No. 203, Killa No. 31//7(8-0), 8(8-0), 9(8-0), 10/1 (1-16), 13/2 (6-8), as per Jamabandi for the year 1981-82. Out of this land, Nagina sold Killa No. 341//8 (8-0), 99(8-0), 10/1(1-10) and 13/2 (6-8) to Pirthi and Harkesh respondents vide sale deed dated 7.7.1988 for which mutation No. 815 was sanctioned on 5.9.1988. Subsequently, Nagina respondent sold Killa No. 31//7 (8-0) of Khewat No. 64, Khatauni No. 203 in favour of Maan Singh (now deceased) (predecessor-in-interest of the appellants) vide sale deed 25.4.1989 for a sum of Rs. 70,000/-. 1/4th share in tubewell, electric motor etc. was also sold along with it.

(2.) ON this, Pirthi and Harkesh respondents filed a suit for possession by way of pre-emption as co-sharers. Maan Singh (predecessor-in-interest of the appellants) had filed written statement and contested the suit. Additional objections were also pleaded.

(3.) IN support of their case, Pirthi appeared as PW-1. He also proved copy of the Jamabandi for the year 1981-82, Exhibit P-1, copy of mutation No. 815 mark B and closed the evidence.