(1.) This is a civil 2nd appeal filed by the appellants (defendants) against the concurrent judgment and decree of the 1st Appellate Court dated 16.11.2012 and the judgment and decree of the trial court dated 31.05.2007 whereby the respondent-plaintiff's suit has been allowed and decreed. This appeal happens to have been admitted to hearing by the Court on 09.02.2015 read with order dated 17.06.2020 on the following two substantial questions of law raised by the appellants in the memorandum of appeal:
(2.) I heard learned counsel for the parties, perused the records and considered the matter.
(3.) The respondent (plaintiff) filed a civil suit for possession of land measuring 08 Marlas, comprising Survey no.1302/287, situated at village Barwal, Tehsil and District Kathua, on the basis of right of prior purchase thereto, sale whereof had been made by appellant no.2 vide sale deed dated 09.12.2002 in favour of appellant no.1. The respondent claimed and asserted right of prior purchase vis-a-vis the land in question on the ground that he and his brothers and appellant no.2 are owners and co-sharers of land measuring 1 Kanal comprising Survey no.1302/287 which included the suit land and that this position was reflected in the Jamabandi of the year 1968-69 and Girdawari for Kharief 2002. The respondent in this regard, in para 1 of his plaint, averred as under: