SITA RAM Vs. MANGAT RAM

JUDGEMENT

(1.) This is the plaintiffs regular second appeal against the judgment and decree dated 6.11.1986 of the learned District Judge, Solan and Sinnaur Districts, camp at Nalagarh reversing the judgment and decree dated 30.9.1985 of the learned Sub Judge 1st class, Arid camp at Nalagarh.

(2.) The admitted facts of the case briefly stated are as under. The plaintiffs were the owners of the land measuring 8 bighas 10 biswas comprising of Khasra No. 100, 241, 245, 246, 247 and 248 in village Surajmajra Gujran, Pargana Dharampur, Tehsil Nalagarh. They exchanged this land with the land measuring 12 bighas belonging to defendants 1 and 2. This 12 bighas of land included 4 bighas 5 biswas of land comprising of Khasra No.404/6 which the defendants had purchased vide registered sale deed dated 31.10.1979 from one Atma Ram son of Munshi of village Juddikhurd Pargana Dharampur. One Lajya Ram filed a suit for possession of this 4 bighas 5 biswas of land by way of pre - exemption of the sale made by his father. The suit, though was dismissed by die trial court on 2.2.1982, was decreed by the appellate court on 20.11.1982. The plaintiffs thus lost this land which was given to them by the defendants 1 and

(2.) In the meanwhile defendants 1 and 2 sold the land measuring 8 bighas 10 biswas which they received in exchange from the plaintiffs in favour of defendant No.3, who dug out the same for excavation of earth for the manufacture of bricks.