JAI KISHAN Vs. BALBIR SINGH

JUDGEMENT

(1.) BY this judgment, two identical appeals i.e. RSA No. 2371 and 2377 of 2007 shall stand disposed of as identical question of law on similar facts is said to have arisen out of the impugned judgment and decrees of the Courts below. However, for the sake of convenience, necessary facts for disposal of these appeals have been culled out from RSA No. 2371 of 2007.

(2.) THE appellant filed a suit for possession by way of preemption against the defendants in regard to the half share of the land measuring 24 kanals comprised in Khewat No. 218, Khatoni No. 273 to 275, rect. and killa Nos. 19 (16/1, 16/2, 14, 15) situated at village Halalpur, as per jamabandi for the year 1987-88.

(3.) UPON notice, defendant No. 1 appeared in Court and filed his written statement negating the allegations of the plaintiff. The superior right of the plaintiff to pre-empt this sale was also disputed. It was further pleaded that the transaction took place for Rs. 1,65,000/- factually. It was also pleaded that he, besides the sale price, also incurred the stamp and registration charges . The defendant also took the additional plea that the land in dispute had since been partitioned and the plaintiff was no more a co-sharer in it. Dismissal of the suit was prayed.