Fateh Deep Singh, J. - (1.) THOUGH both the Regular Second Appeals detailed and described above are an outcome of separate judgments and decrees but keeping in view that the litigation is between the same set of plaintiffs and defendants wherein similar questions of law and facts are involved, are thus being conveniently disposed off by this common judgment. The brief facts in RSA No. 3741 of 1987 (hereinafter referred to as 'the First Appeal') are that the plaintiff Chand Ram now respondent instituted a suit against defendant -appellants Tej Singh, Hukam Singh, Pawan Kumar and Gandharv Sain, for possession by way of pre -emption claiming to be the co -sharer in khewat No. 121 alleging that one of the co -sharer Katar Singh had sold through registered sale deed dated 28.09.1984 land measuring 8 kanals 6 marlas, out of his share of 1/10 of total land measuring 83 kanals 3 marlas for a sum of Rs. 12,000/ - to the defendants and hence the suit and further alleged that much earlier vide registered exchange deed dated 13.03.1964, he has exchanged his share of the land measuring 16 kanals 6 marlas with land of Dalip Singh, Randhir Singh to the same very extent and therefore has come to be the co -sharer with the defendants and by that score a preferential right of pre -emption. The defendants contested the claim denying that the plaintiff was the co -sharer and termed the suit as not maintainable and further claimed that plaintiff has full knowledge of this transaction and, therefore, was not entitled to any relief and which averments of the defendants was refuted in the replication by the plaintiff and following issues were framed: 1. Whether the plaintiff has superior right to pre -empt the sale of the suit land? OPP
(2.) WHETHER the vendee -defendants incurred expenses on account of stamp and registration? If so how much and to what effect? OPD Whether the defendants are entitled to special costs? OPD
(3.) RELIEF . 2. In his evidence plaintiff examined himself as PW -1 reiterating his stand and examined PW -2 Plkhar, PW -3 Paul Singh and tendered documents Exhibits P1 to P6. On the other hand, defendants examined DW -1 Tej Singh, Karan Chand DW -2 and after tendering documents Exhibits D1 and D2 closed the evidence. 3. It is through judgment and decree dated 27.03.1987, the Court of learned Sub Judge 1st Class, Jhajjar decreed the suit of the plaintiff and which was assailed by the un -successful defendants before the First Appellate Court and through judgment and decree dated 26.08.1987, learned Additional District Judge -II, Rohtak similarly dismissed the appeal with costs and which findings have been assailed in this appeal before this Court. 4. Similarly, the facts leading to RSA No. 682 of 1989 (hereinafter referred to as 'the Second Appeal'), plaintiff Chand Ram had sought a decree for possession in exercise of his right of pre -emption in respect of land Killa No. 56/24/2/1 3 kanal 12 marlas, 59/4 8 kanals, 7/1 4 kanals 18 marlas, claiming that Chattar Singh, Phool Singh and Hawa Singh sons of Saroop Singh as well as Smt. Chander, daughter of Saroop Singh have sold their 1/2 share of land, out of Khewat No 125, khata No. 131 total measuring 16 kanal 10 marlas, situated at village Achhej for consideration of Rs. 12,000/ - through registered sale deed dated 02.07.1986 when the actual sale consideration was of Rs. 25,000/ - and, therefore, the plaintiff being joint co -sharer and the defendants being strangers, the plaintiff had preferential right of pre -emption and hence the suit.;