KURIA RAM Vs. MANI RAM

JUDGEMENT

(1.) This second appeal has been filed by the defendant in a suit instituted by the respondent herein, seeking possession of the suit property by way of a pre-emptory right, on the ground that he was a co-sharer in the suit land at the time when the sale was made by defendants no.2 and 3 in the suit, (presently not parties in the appeal), to the present appellant, on 25.07.1983; and that he (the respondent-plaintiff) continues to be such co-sharer even after the sale.

(2.) Consequently, this 2nd appeal, under Section 41 of the Punjab Courts Act, came to be instituted on 03.10.1986, with notice of motion having been issued on October 09, 1986 and operation of the impugned judgment and decree stayed till further orders.

(3.) It is to be further noticed that, earlier, judgment had been reserved in the matter by a co-ordinate Bench on 26.02.2014, but it having been noticed thereafter that no arguments had been addressed on the application seeking to lead additional evidence (CM-3318-C of 1986), the matter was put up for re-hearing, with a reply to the said application, and a rejoinder thereto, filed.