PARAS RAM Vs. ROSHAN LAL

JUDGEMENT

(1.) The present Regular Second Appeal came up before this Court assailing the judgment and decree dtd. 1/5/1993 passed by the Lower Appellate Court, which reversed the judgment and decree rendered by the trial Court dtd. 31/8/1991 primarily whereby the suit of possession by way of pre-emption filed by the plaintiff-appellant was held to be bad in partial pre-emption.

(2.) A suit for possession by way of pre-emption was filed by Paras Ram and Jiwa Ram, plaintiffs against the vendors (defendants no. 2 to 24) assailing the sale of land to defendant no. 1 Roshan Lal. The suit was contested only by the defendant no. 1 Roshan Lal. It was claimed that the plaintiff had no preferential right to purchase, inasmuch as, the defendant was also co-sharers in the suit land in view of the impugned sale deed dtd. 20/5/1988.

(3.) The learned trial Court, on the basis of material available on record, held that the plaintiff did have a superior right of pre-emption to the extent of Khewat no. 175 as the defendant was not a co-sharer of Khewat no. 175 prior to the sale deed of 20/5/1988 (Ex P-1) and that the plaintiffs had a preferential right to purchase the suit property. Consequently, the suit filed by the plaintiff was decreed in the favor of them.