- (1.) VIDE this single judgment Regular Second Appeal No. 2178 of 1989 Prema v. Surat Singh etc. and Regular Second Appeal No. 2178-A of 1989 Prema v. Surat Singh and Ors. , both arising out of the judgment and decree dated 14-8-1989 passed by Mrs. Nirmal Yadav, Additional District Judge, Gurgaon, are proposed to be disposed of.
(2.) FACTS first, Prema defendant-appellant purchased 1/4 share, measuring 89 Kanals 6 Marias in joint agricultural land for, a sale consideration of Rs. 21,500/- He also purchased l/8th share of joint agricultural land for a sale consideration of Rs. 1,12,000/- from Jai Narain, Janki Parshad, Rameshwar Dass, Pitamber Dayal and Harish Chand. Claiming superior right of pre emption. on the ground of being co-sharers, Surat Singh etc pre empted the sales. Civil Suit No. 129 of 1986 for pre-empting the first sale was instituted on 3-9-1985 whereas Civil Suit No. 124 of 1986 for pre-empting the second sale was instituted on 15-101985. Both the suits were contested by vendees and the following issues were framed: CIVIL SUIT NO. 129 of 1986 1. Whether the plaintiff has superior right of pre-emption to preempt the suit land ? OPP 2. Whether the suit land was sold for consideration of Rs. 21,500/- if not what was the market value of the suit land at the time of sale? OPD 3. Whether the suit is bad for partial pre-emption ? OPD. 4. whether the plaintiff is estopped from filing the present suit by his act and conduct ? 5. Whether the 1/5th pre-emption amount has not, been deposited within time ? CIVIL Suit No. 124 of 1986 1. Whether the plaintiff have superior right of pre-emption to pre-empt the suit land ? OPP. 2. Whether l/5th pre-emption amount has not been deposited within time ? OPD. 3. Whether the suit is bad for partial pre-emption 7 OPD. 4. Whether the plaintiff are estopped from filing the present suit by their act and conduct and acquiesence ? 5. Whether the vendee defendants have effected bonafide improvement in the land in question, if so to what effect ? 6. Whether the vandee defendants is entitled to stamp and registration charges ?
(3.) THE learned trial Court after taking into consideration the evidence adduced by the parties at the trial and hearing their respective counsel dismissed the suit of the plaintiff.;