JAGBIR SINGH AND ANOTHER Vs. RAMPAT AND OTHERS

JUDGEMENT

(1.) The defendants/vendees are in second appeal in a suit for preemption, which has been decreed by both the Courts below on the ground of superior right of co-sharer.

(2.) In brief, the plaintiffs filed suit for possession by way of preemption claiming a superior right of co-sharer in respect of land measuring 15 Kanals 13 Marias situated in Badh Malik, Sonepat, which was sold by vendor/defendant No3 to the vendees/defendants No.1 & 2 for a consideration of Rs.22,000/- vide registered sale deed 8.1.1982. The vendees contested the suit only on the ground mat the plaintiffs are not co-sharers and thus, have no locus standi. On the pleadings of the parties, issues were framed on 31.8.1984, which reads as under:

(3.) The learned trial Court vide its judgment and decree dated 15.9.1986 decreed the suit of the plaintiffs for possession in respect of land bearing Kilia No. 10/3(7-4), 8(7-12), 13/2(0-17), measuring 15 Kanals 13 Marias on payment of Rs.25,100/- (Rs.22.000/-as sale price Rs.2,750/- as stamp charges Rs.288.75/- as registration charges and Rs.61.25 as incidental expenses) on or before 1.10.1986 and it was made clear that in case of default of non-payment of aforesaid amount his suit would be deemed to be dismissed. Aggrieved against the judgment and decree of the learned trial Court, pursuant to which plaintiffs were required to deposit the amount of Rs.25,100/- in the stipulated time, the vendees filed First Appeal in which finding of the trail Court was assailed only on issue No.1 that the plaintiffs were not co-sharers and had no superior right to preempt the sale. The learned Appellate Court modified the judgment and decree of the learned trial Court only to the extent that vendor had sold 7 Kanals 16 Marias of land in stead of 15 Kanals 13 Marias, therefore, the decree shall be deemed to be in respect of 7 Kanals 16 Marias of land. With this modification, the appeal of the vendees was dismissed on 6.11,1986. The vendees preferred second appeal in this Court which was admitted on 8.1.1987 and their dispossession was stayed. During the pendency of this appeal, the plaintiffs filed CM No.11661-C-2008 for the purpose of seeking exemption from filing certified copies of Annexures P1 and P2 and for taking them on record and CM No.11662-C-2008 for stay. Notice in the application CM No.11662-C-2008 was issued on 4.12.2008 for 8.12.2008 and on that day it was agreed between the parties that the main appeal may be decided and the application shall be heard with the main appeal.