SIRI KISHAN Vs. SURJA

JUDGEMENT

(1.) THIS judgment will dispose of Regular Second Appeals bearing Nos. 742 and 743 of 1992 as they revolve around the same controversy. The facts are being extracted from R.S.A. 742 of 1992 titled 'Siri Krishan and another v. Surja and others'.

(2.) THE defendant-appellants have assailed the findings of the lower appellate Court whereby the sale in their favour was upset in view of the superior right of pre-emption as claimed by the respondent No. 1 on the ground that he was a co-sharer in the suit property.

(3.) THAT apart, Mr. Sudhir Mittal, learned counsel for the respondent No. 1, pleaded that the decree of the learned lower appellate Court was executed on 11.5.1992, even before the first interim directions by this Court came into existence on 18.5.1992. The possession of the suit property had also been delivered to the respondent No. 1 on 11.5.1992 as per the report of the Tehsildar. This factual aspect could not be controverted by the learned counsel for the appellants.