MAHABIR SINGH SINDHU,J. - (1.) Controversy in the present case relates to right of pre-emption of a co-sharer in terms of Section - 15 (I)(b), Clause 'Fourth' of The Punjab Pre-emption Act ,1913 (as applicable to State of Haryana) for short "the Act" and the part of the text existing at the relevant point of time, reads as under:- "15 Persons in whom right of pre-emption vest in respect of sales of Agricultural land and village immovable property:- (1) The right of pre-emption in respect of agricultural land and village immovable property shall vest:-- (a) ............................................ (b) Where the sale is of a share out of joint land or property and is not made by all the co-sharers jointly:- FIRST............................................ SECONDLY............................................ THIRDLY............................................ FOURTHLY, in the other co-charers; FIFTHLY............................................ (c) ............................................"
(2.) Subject matter of the lis is agricultural land measuring 35 Kanals, 2 Marlas, hereinafter referred as "suit land"; which was purchased by appellants-vendees (defendants No. 1 to 5) from defendants No. 6 to 12 (Vendors), vide registered sale deed dated 14.06.1986. Respondent-sole Plaintiff (now deceased), claiming himself to be a co-sharer in the 'Khewat' comprising suit land, filed suit for pre-emption , which was decreed by both the courts below. Unsuccessful appellants are in second appeal under section 41 of The Punjab Courts Act, 1918; for short "the Punjab Courts Act".
(3.) Suit was filed by respondent on the premise that:- (i) he is a co-sharer in the khewat comprising the suit land; whereas the appellants are having no concern with the same; (ii) no notice regarding the sale of suit land was ever issued to him by the vendors; (iii) suit land was sold for an amount of Rs.98,000/-, but just to defeat his right, in the sale deed total consideration has been reflected as Rs.1,20,000/- wherein fictitious amount of Rs.22,000/- is included to have been paid at the time of agreement to sell. ;