RAJENDER Vs. BADAMA

JUDGEMENT

(1.) THIS regular second appeal is directed against the judgments and decree dated 21.11.2003 and 16.12.2005 passed by the learned Courts below vide which suit filed by the plaintiff/appellants for declaration claiming themselves to be owners in possession of land measuring 155 Kanals-15 Marlas by virtue of judgment and decree dated 27.7.1990 stands dismissed.

(2.) IT was claimed that defendant / respondents had no concern with the land in dispute and the decree dated 28.11.1990 was wrong, against law and facts and that the mutation sanction on the basis of said decree was also illegal thus liable to be set aside.

(3.) HOWEVER , during the pendency of the suit for pre-emption Net Ram sold his share in favour of Partap i.e. the predecessor in interest of the plaintiff/appellants. By way of sale deed dated 13.12.1966. The suit for pre- emption was dismissed.