SHRIMATI GEETA DEVI Vs. BANWARI LAL AND OTHERS

JUDGEMENT

(1.) THE following short -pedigree -table will be helpful in understanding the facts of this case.

(2.) ON 22nd of June, 1962, by a registered deed, Tulsi Ram Defendant 3 sold the agricultural land in dispute in favour of Banwari Lal and his brother Hari Singh (Defendant No. 1) for Rs. 5000/ -, On first of July, 1963 Gita Devi brought a suit for possession of the said land by pre -emption on the ground that she was a co sharer in that land and thus had a preferential right of pre -emption as against the vendees. The suit was resisted by the vendees on a number of grounds, but in the present appeal we are only concerned with one of them namely that the Plaintiff was not a co -sharer in the land in dispute. The trial Judge decreed the suit, holding that the Plaintiff has a superior right of pre emption on the ground alleged by her. This finding was, however, reversed in appeal by the learned District Judge, Sangrur, with the result that he set aside the judgment and decree of the trial Court and dismissed the suit of the Plaintiff. Against this the Plaintiff has come in second appeal.

(3.) THE result is that this appeal fails and is dismissed. In the circumstances of this case, however, I leave the parties to bear their own costs throughout.