(1.) At the request of learned counsel for the parties, the Regular Second Appeal is taken on Board for final disposal.
(2.) This regular second appeal arises out of suit filed by plaintiff- (respondent herein) for possession of suit land by way of pre-emption. Plaintiffs alleged that they have been cultivating the suit land as tenants for the last so many years and being tenants under the vendor on the date of sale, have a superior right to pre-empt the sale of the land in dispute. Plaintiffs further alleged that they are also co-sharers in the land in dispute and thus, entitled to pre-empt the sale. Suit on contest by the defendants was dismissed by the trial Court. In the trial Court, plaintiffs had only stressed that they being the co-sharers have a superior right to pre-empt the sale. The issue that the plaintiffs being tenants are entitled to pre-empt the sale, was not pressed. Trial Court did find that plaintiffs were co-sharers in the land on the date of sale and had a superior right to pre-empt the sale, but dismissed the suit on finding that they (plaintiffs) are estopped by their own act and conduct from filing the suit. It was also held that plaintiffs have no locus standi to file suit. In appeal by the plaintiffs, learned Additional District Judge, Jagadhri, allowed the appeal and set aside the judgment and decree of the trial Court and as a consequence thereof, suit of plaintiffs for possession by way of pre-emption on the ground that they were co-sharers and had a superior right against the defendants who were strangers, was decreed. Hence, this second appeal.
(3.) In this second appeal, learned counsel appearing on behalf of defendants has contended that in view of the Haryana Act No. 10 of 1995 which came into effect from 7.5.1995, the appeal deserves to be allowed.