SHER SINGH Vs. KEWAL KRISHAN

JUDGEMENT

(1.) Unsuccessful plaintiff Sher Singh son of Jaimal Singh has filed the present R.S.A. and it has been directed against the judgment and decree dated 7.12.1983 passed by the Court of Additional District Judge, Sirsa, who set aside the judgment and decree dated 9.6.1982 passed by the Court of Sub Judge 3rd Class, Sirsa, who decreed the suit of the plaintiff- Sher Singh for possession by way of pre-emption against the defendant Kewal Krishan son of Sobh Raj, now respondent in this Court.

(2.) Brief facts of the case are that Sher Singh son of Jaimal Singh filed a suit for possession by way of pre-emption against Kewal Krishan son of Sobh Raj, claiming possession through pre-emption of the suit land measuring 7 kanals 16 marlas comprised in Rectangle No. 233 Killa No. 18 (5 Kanals 7 Marlas) and Killa No. 23/1 (2 Kanals 9 Marlas) and the case set up by the plaintiff was that Hari Singh son of Naunit Rai sold away 36 Kanals 18 Marlas of agricultural land, including the land in dispute, to Kewal Krishan son of Sobh Raj defendant for a sum of Rs. 91,000.00 through registered sale deed dated 18.4.1978. The plaintiff Sher Singh claims that he is the tenant at will on payment of one-third Batai since Kharif 1977 over the suit land and, therefore he has a superior right of pre-emption than anybody else.

(3.) It may be mentioned that one Atam Parkash also filed a suit for pre- emption in respect of the suit land and he was also arrayed as a defendant, being rival pre-emptor. Later on the rival pre-emptor Atam Parkash compromised the dispute with the vendee Kewal Krishan. He withdrew his suit and his name was accordingly struck off from the suit.