ISHWAR SINGH Vs. NIHAL SINGH AND OTHERS

JUDGEMENT

(1.) THE order will dispose of C.R. Nos. 3286 and 3287 of 1985 which contain common questions of law and fact. The facts in the judgment are being given from C. R No 3286 of 1985.

(2.) BRIEFLY , the facts are that Inder Singh was the owner of the property in dispute He sold it to Partap Singh, Respondent No. 2 vide sale deed dated 6.1 1980 for a consideration of Rs. 46,000/ - Ishwar Singh, Petitioner instituted a suit for pre -emption on the ground that he was the son of the vendor. Another suit for pre -emption was filed by Nihal Singh, Respondent No. 1 on the ground that he was the brother of the vendor. Both the suits were consolidated and decreed in the alternative. Relevant part of the decree passed by the Court is as follows:

(3.) ISHWAR Singh, Petitioner filed objection petition stating that he had paid the pre emption money to the judgment - debtor and took possession of the land by executing the decree Consequently, Nihal Singh could not execute the decree. The allegations in the objection -petition were controverted by Nihal Singh. The Executing Court held that the Petitioner did not pay the pre emption money to the judgment -debtor and that he did not take possession of the land in pursuance of the decree. Consequently it dismissed the objections. The Petitioner has come up in revision to this Court.