MANGAL SINGH AND OTHERS Vs. MATHURA DASS

JUDGEMENT

(1.) IN 1964, Dharma alias Ghona, by means of a registered sale -deed, sold his agricultural land to Mangal Singh and six others including Khida Singh, Ruldu Singh and Nauhar Singh. None of the vendees was shown as a minor in the said deed. Mathra Dass, alleging himself to be a co -sharer of Dharma, brought a suit for possession of the said land by pre -emption. It was contested by the vendues, but no plea was raised that any of the vendees was a minor. The suit was decreed by the trial Court on 2nd May, 1966. This decree was confirmed by the lower appellate Court on 10th of August, 1966, and then by this Court on 10th of March, 1967. At no stage was an objection taken by the vendees that any of them was a minor or that the decree passed was bad on that account.

(2.) THIS application has been placed before me, because the pre -emption decree granted in favour of Mathra Dass had been confirmed by me in second appeal on 10th of March, 1967.

(3.) NOW the question arises as to what would be the remedy of the plaintiff pre -emptor ?