CHANDAN Vs. INDER SINGH AND ORS.

JUDGEMENT

(1.) THIS judgment shall dispose of four appeals i.e. R.S.A. Nos. 193 to 196 of 1993 which arises out of Civil Appeal Nos. 75 to 78 of 1992 decided by Additional District Judge, Sonepat by one common judgment and decree impugned herein, as a common question of law on similar facts has been raised by the appellant, who is common in all the four appeals against different vendees of land for pre -emption of sale from the same joint Khata on the basis of same agreement. However, for the sake of convenience, facts are taken from appeal No. 193 of 1993.

(2.) BY way of this appeal, the plaintiff has challenged the judgment and decrees of 'the Courts below whereby his suit for possession by way of pre -emption, having a preferential right being co -sharer and tenant in the suit land, has been dismissed.

(3.) UPON notice, defendants No. 1 to 3 filed written statement controverting the claim of the plaintiff on various grounds. Apart from other grounds, it was stated that the plaintiff is neither a co -sharer nor a tenant in respect of the suit land. It was further submitted that defendants No. 1 to 3 were already in possession of the suit land as tenants much prior to the impugned sale. It was also submitted that the plaintiff was well (sic) of the sale deed dated 8.6.1988 as he was present in the office of Sub Registrar at the time of registration of the sale deed. Moreover, the plaintiff was also a party to the agreement to sell which was jointly made by the parties with vendor so, the plaintiff is estopped from filing the present suit by his act and conduct.