VED PARKASH Vs. SURENDER SINGH

JUDGEMENT

(1.) THIS is defendant's second appeal challenging the judgment and decrees of the Courts below whereby suit of the plaintiff- respondent for possession of the suit land by way of pre-emption being a co- sharer has been decreed by the Courts below.

(2.) AS per the averments made in the plaint, Sube Singh son of Ami Lal defendant No. 2 (now respondent No. 2) sold 0 kanal 5 marla of land to defendant No. 1 (now appellant) for a sale consideration of Rs. 6,000/- comprising in Khewat No. 73/68 min Khatoni No. 79 Khasra No. 696 total land measuring 0 kanal 14 marals vide registered sale deed dated 13.12.1989 being owner in possession of 1/3rd share. As per the plaintiff he had purchased 0 kanal 5 marlas being 1/3rd share of the total land vide registered sale deed dated 27.6.1989 and therefore, he was cosharer along with defendant No. 2 in suit land comprised in Khewat No. 73/68 Khatoni No. 794 Khasra No. 696 total measuring 0 kanal 14 marlas of the land in dispute at the time of sale of land measuring 0 kanal 5 marlas vide registered sale deed dated 13.12.1989 to defendant No. 1 and being a co-sharer he had a preferential right to pre-empt the suit land. Hence, the suit.

(3.) ON merits, it was admitted that Sube Singh was owner in possession of the suit land and he had sold 0 kanal 5 marlas in favour of defendant No. 1- appellant for a sale consideration of Rs. 8,000/- which was fixed in good faith and was actually paid and in pursuance of the sale deed dated 13.12.1989 possession of the suit land was also handed over to the appellant. The allegation of the plaintiff of being co-sharer in the suit, was denied. Additional plea was taken that after the appellant was put into actual possession of the suit land he had raised construction of boundary wall by spending an amount of Rs. 10,000/- to which he is entitled to in addition to sale consideration and other expenses .