S GURSHARAN SINGH Vs. LALIT KUMAR

JUDGEMENT

(1.) THIS revision petition arises in the following circumstances :

(2.) LAND measuring 4 kanals 18 marlas was transferred through a gift deed by respondents No : 3 and 4 in favour of respondent No: 2 on 10 -4 -1970. Out of this land respondent No: 2 in turn transferred 3 kanals in favour of respondent No : 1 also through a gift deed on 27 -4 -1970. On 5 -4 -1971 the petitioner brought a suit for pre -emption against respondents 2 to 4 alleging that the gift deed dated 10 -4 -1970 was in reality a sale deed which he had a right to pre -empt. This suit was decreed on 28 -9 -1976. Execution was thereafter taken out by the petitioner to get possession of the land. Respondent No : 1 who was admittedly in possession of 3 kanals by virtue of gift deed dated 27 -4 -1970 was thrown out and the petitioner got possession of the entire land measuring 4 kanals 18 marlas. A suit for possession of 3 kanals out of which this revision petition has arisen was then brought by respondent No : 1 on the basis of title arising out of the gift deed executed by respondent No : 2 in his favour on 27 -4 -1970. The suit was resisted by the petitioner on a variety of grounds which gave rise to a number of issues including the following which were treated as preliminary ones :

(3.) THE trial court has found all the three issues against the petitioner; hence the revision petition.