PARBHATI Vs. BHOOP SINGH

JUDGEMENT

(1.) THIS is defendant's regular second appeal against the judgment and decree of the Additional District Judge whereby the appeal filed by the plaintiffs was accepted thus decreeing the suit as prayed for.

(2.) PLAINTIFF filed a suit for possession by means of pre-emption claiming a superior right of pre-emption being a co-sharer in respect of sale deed dated 6.9.1985 executed by the vendor in favour of defendant.

(3.) LOWER Appellate Court on re-considering the matter came to the conclusion that the alleged order of partition in fact was set aside by the Collector and so the plaintiffs retained their claim to be a co-sharer in the joint holding and so decreed the suit subject to the plaintiffs' depositing the decretal amount less zare panjam amount already deposited by him, failing which the suit of the plaintiffs was deemed to have been dismissed.