MANJEET KAUR Vs. DEVINDER SINGH

JUDGEMENT

(1.) Defendants No. 1 and 2 have filed the present application, under Order VII Rule 11 of the Code of Civil Procedure (hereinafter referred to as 'CPC'), with a prayer to reject the plaint.

(2.) The application has been moved in the above titled suit, filed by the plaintiffs, under the provisions of Sec. 22 of the Hindu Succession Act (hereinafter referred to as 'the Act'), for preemption of share of the plaintiffs over the suit property/land, by declaring that the plaintiffs have a preferential right, as against defendants No. 1 and 2.

(3.) The suit has been filed on the ground that the plaintiffs have asserted that they are co-owners and co- sharers in possession of the land, comprised in khata khatauni No. 85/144, bearing khasra No. 3, total measuring 1/22/2 hectares, situated at Muhal Bhatanwali, Tehsil Paonta Sahib, District Sirmaur, H.P., as per the jamabandi for the years 2015-16. The suit land is stated to be joint in nature and no partition, according to the plaintiffs, has taken place between the plaintiffs and the other co-sharers, till date.