INDER SINGH Vs. OM PARKASH

JUDGEMENT

(1.) THE vendee has come up in Regular Second Appeal against the judgment and decree of the First Appellate Court which on appeal reversed that of the trial judge and decreed the suit for possession by pre-emption filed by the plaintiffs/respondents.

(2.) THE undisputed facts are : Vas Dev was owner of land mearuring 34 kanals 2 marlas comprised in Khewat No. 240/237, Khatoni No. 395, Rectangle No, 133, Killa Nos. ;5, 6, 15 and Rectangle No. 134, Killa Nos. 10 and 11 as entered in Jamabandi Ex. P3 for the year 1981-82. He transferred the land measuring 19 kanals 4 mar/as comprised in Khewat No. 240/237, Khatoni No. 395, Rectangle No. 133 Killa Nos. 5 (4-16), 6 (6-18) and 16 (7-10) vide sale deed dated January 18, 1984 to Om Parkash and others (hereinafter referred to as the plaintiffs) and vide sale deed dated May 17, 1985, he sold the land measuring 14 kanals 18 marlas comprised in Khewat No. 240 Khatauni No. 395, Rectangle No. 134 Killa Nos. 10 (8-0) and 11 (6-18) to Inder Singh and others (hereinafter referred to as the vendees ).

(3.) THE plaintiff's filed a suit for possession by pre-emption regarding the land sold to the vendees on the ground that they were co-sharers in the suit land. The trial court negatived their claim and dismissed the suit but the First Appellate Court reversed the judgment of the trial judge and decreed the suit. Hence this appeal.