Rekha Mittal, J. - (1.) The present regular second appeal has been directed against the judgments and decrees passed by the Courts below whereby the suit filed by the respondent/plaintiff Satish Kumar for possession by way of pre-emption was decreed by the trial Court and the appeal preferred by the defendants/appellants namely Ramesh Rishi and Smt. Amisha Chawla was dismissed by the Additional District Judge, Ambala, affirming the findings of the trial Court.
(2.) The facts relevant for disposal of the present appeal are that Satish Kumar, plaintiff filed the suit for possession by way of preemption of sale vide sale deed dated 20.09.2005 and supplementary sale deed dated 16.02.2006 to the extent of 1/5th share i.e. 10 kanals 8 marlas out of total land measuring 51 kanals 19 marlas, detailed in the plaint, situated in village Kalarheri, Tehsil and District Ambala.
(3.) The plea of the plaintiff is that he is cultivating the suit land to the extent of 2 kanals 3 marlas on 'batai' since June 2004 onwards under Jagjit Singh son of Bachan Singh-defendant No. 3, a co-sharer to the extent of 1/5th share in the suit land whereas his other brother Surjit Singh defendant No. 2 sold his 1/5th share to Ramesh Rishi-defendant No. 1 without prior notice to the plaintiff. Defendant No. 1 transferred the suit property to Smt. Amisha Chawla-defendant No. 4 with a malafide intention.;