Rajendra Nath Mittal, J. - (1.) THIS second appeal has been filed by Anil Kumar, Defendant against the judgment and decree of the District Judge, Bhiwani, dated 9th September, 1975, decreeing the suit of the Plaintiff for possession by pre -emption.
(2.) BRIEFLY , the facts are that Bhagwan Das Defendant No. 2 was the owner of one -half share in the plot in dispute situated in Tosham, District Bhiwani. He sold his share to Anil Kumar Defendant No. 1 for a consideration of Rs. 1,000. - -vide sale -deed dated 13th September, 1971. It is alleged by the Plaintiff that the plot was a village immoveable property. He instituted a suit for possession by pre -emption of one -half share on the ground that he was the brother of the vendor and co -sharer in the plot. The suit was contested by Defendant No. 1 who inter aha pleaded that Tosham was not a village but a town and therefore, the Plaintiff was not entitled to pre -empt the sale. Some other pleas were also taken but they do not survive in the appeal.
(3.) THE trial Court held that Tosham was a town and therefore the plot was an urban immoveable property. Consequently, it dismissed the suit. On appeal, the District Judge reversed that finding and held that Tosham was a village and therefore, the property was a village immoveable property. In view of the said finding, he accepted the appeal and decreed the suit of the Plaintiff. Defendant No. 1 has come up in second appeal to this Court.;