LAKHWINDER SINGH Vs. BALVINDER SINGH

JUDGEMENT

(1.) Balvinder Singh and Raj Pal Singh sought to pre-empt sale dated 24.6.1981 on the ground that they are the co-sharers of the vendor, who had sold his 1/3rd share in the joint land to five persons (herein after called the vendees). The pre-emptors are not related to the vendor, and, therefore, the decision of the Supreme Court in Jagdish V. Nathi Mal, 1987 AIR(SC) 68 is not attracted.

(2.) Both the Courts below decreed the suit after recording a finding that the pre emptors are proved to be co-sharers of the vendor, and have superior right as compared to that of the vendees. This is vendees' second appeal.

(3.) During the pendency of the second appeal, the vendees file an application CM No. 1951/C of 1987 under Order 41 rule 27 of the C.P.C. for permission to lead additional evidence to prove that the joint land was partitioned by order of Revenue Court vide order dated 13.6.1984 and attached documents Annexures P1 and P2 in this behalf. They also attached document Annexure P3 to show that another piece of land was sold by other co-sharers, which the two of the vendees in this case sought to pre-empt on the ground of being co-sharer, and there, the partition effected by the Revenue Court dated 13.6.1984 was given effect to and it was held that in view of the partition the right to claim as co-sharer was lost.