VIJAY SINGH Vs. LAL CHAND

JUDGEMENT

(1.) This order of mine shall dispose of two Regular Second Appeals bearing Nos. 22 and 23 of 1988 preferred by the appellant-defendants against the concurrent findings of fact and law whereby suit of the respondent no. 1-plaintiff seeking pre-emption of the sale deeds dtd. 10/12/1980 and 6/10/1980, has been decreed.

(2.) Respondent No. 1/plaintiff instituted two suits of pre-emption of the aforementioned sale deeds on payment of consideration on the premise that he was co-sharer at the time when the sale was affected and therefore, he had right of pre-emption.

(3.) The defendants contested the suit by controverting the averments made in the plaint. It was stated that they were gair marusi over the suit land before the purchase and after purchase, they have become the owners. They denied the status of the plaintiff as co-owner. It was also stated that partition had already taken place as dispute arose regarding the land falling in khasra no. 24/1 and 24/10 whereas suit for permanent injunction was filed on 8/6/1986 which was decided on 16/7/1981 on the basis of compromise as the parties were agreed for mutual partition. In such circumstances, the suit was liable to be dismissed being time barred also.