ISHAR DASS AND OTHERS Vs. SHMT. CHETNI BAI

JUDGEMENT

(1.) THIS judgment will dispose of two Regular Second Appeals Nos. 127 and 141 of 1960, preferred by the Defendants, arising out of a common judgment of the lower appellate Court which reversing the decree of the trial Judge dec reed the suits of two different Plaintiffs.

(2.) SOME agricultural land was sold by three brothers Lala Ram. Girdhari Lal and Niranjan Dass in the revenue estate of village Somina in Dera Ghazi Khan, district, which is now part of the the territory of Pakistan The sale was made in favour of the Defendant Appellants Ishar Dass, Fatu Ram and Kaura Ram, who are brothers. Two preemption suits were brought one by Chetni Bai wife of Girdhari Lal. These suits were decreed by the subordinate Judge, Dera Ghazi Khan on 21st of December, 1944, on payment of Rs. 766/10/8 in each case. Both Chetni Bai and Sobhan Bai deposited the money in Court and it is not disputed that the vendees Ishar Dass and his brothers realised the amount. The warrants for possession were issued but somehow the possession could not be delivered to the pre -emptors till the time of partition. After August, 1947, the parties migrated to India and in course of time the Defendants Ishar Dass and his brothers laid claim for the property which had been decreed against them in pre -emption suits. These Defendants were allotted some lands in Rasulpur and these were transferred to them in permanent allotment on 3rd of September, 1955.

(3.) SUBSEQUENTLY , on 3rd of April, 1957, Chetni Bai and Sobhan Bai brought suits for declaration and possession of the lands which had been finally allotted in favour of the Defendants on 3rd of September, 1955. It may be mentioned in passing that the suit of the Plaintiffs was in respect of 1/8th share of the land which had been allotted to the Defendants.