SAROJ Vs. SARDARI LAL

JUDGEMENT

(1.) THIS is plaintiff's second appeal challenging the judgment and decrees of the Courts below whereby his suit for possession of the land in dispute by way of pre-emption has been dismissed.

(2.) THE present suit for possession by way of pre-emption was filed by the plaintiff (Mukesh, predecessor-in-interest of the appellants) against the defendant-respondents alleging that Rikhi Raj (now respondent No. 2) sold the land in dispute to defendant No. 1 (now respondent No. 1) in a suit for specific performance of the contract vide registered sale deed dated 22.3.1995 for a sale consideration of Rs. 16,000/-. The aforesaid defendant No. 1-vendee was a stranger whereas the plaintiff-Mukesh was a tenant on the land in dispute prior to the sale in question. The sale was effected secretly without notice and knowledge of the plaintiff. The plaintiff was having a superior right of pre-emption qua the sale in question being tenant of the land in dispute. The defendants refused to admit the superior right of pre-emption of the plaintiff. Hence, the present suit.

(3.) BOTH the parties led oral as well as documentary evidence in support of their respective case and after hearing learned counsel for the parties and going through the evidence on record, the trial Court dismissed the suit holding that the plaintiff was son of vendor-defendant No. 2 and could not be a tenant on the property of his father.