GIAN SINGH Vs. NATHU SINGH AND RAM PARSHAD

JUDGEMENT

(1.) This judgment will dispose of R.S.A. Nos. 44 and 45 of 1975, as both the suits out of which these appeals arise were consolidated and evidence was recorded in one suit.

(2.) Chattar Singh owned the land in dispute. On his death, his widow Smt. Phul Wati inherited the property. She sold the land in dispute by two separate sale deeds dated 24th December, 1962, and 26th December, 1962, for a consideration of Rs. 16,000/- in each sale. Nathu plaintiff-respondent, who claimed to be a collateral of Chattar Singh husband of Phul Wati, filed two separate suits for pre-emption on two grounds. Firstly, he claimed that he was a co-sharer in the joint Khata out of which the land in dispute was sold and secondly, he claimed that the plaintiff was the brother's son of Chattar Singh husband of Phul Wati vendor who had inherited the property sold through her husband. Both these suits were consolidated and tried together. On 29th April, 1964, the counsel for the vendee-appellants made a statement, no issue was framed as to whether the plaintiff had a superior right of pre-emption. However, the following issues were framed :-

(3.) During the pendency of the trial, the vendee-defendants claimed that the joint Khata out of which the land was sold, was partitioned and, therefore, this ground for pre-emption was not available to the plaintiff. Accordingly, an additional issue was claimed which was important is as follows :-