R.S.Narula, J. - (1.) THE facts giving rise to this regular second appeal briefly stated are as follows :
(2.) ON 8th February, 1965, two brothers, Devi Dass and Chuni Lal, sold the land in dispute for a sum of Rs. 5,000/ - to Fauja Singh and Chanan Singh respondents. Two suits were brought on 5th March, 1966, one by Kishan Chand son of Chuni Lal, and the other by Sant Ram claiming a superior right of pre -emption being vendors' father's brother's son. These two suits were not consolidated. In the suit filed by Kishan Chand, there was a compromise between the parties on 28th March, 1966, and the defendant -vendees conceded that Kishan Chand had a superior right of pre -emption. So he was granted a decree. A copy of that decree is Exhibit D -4. The other suit filed by Sant Ram remained pending. In view of the fact that Kishan Chand had obtained a decree in respect of the land in dispute, on his application Kishan Chand was impleaded as a defendant. On 31st March, 1967, this suit of Sant Ram was decreed qua one -half, i.e. the share of Chuni Lal. It was held that Kishan Chand had no right to pre -empt qua the share of Chuni Lal, because the property in dispute was a joint Hindu family property of Chuni Lal and Kishan Chand and that Kishan Chand had a superior right of pre -emption qua Devi Dass's share.
(3.) KISHAN Chand filed an appeal whereas Sant Ram filed cross -objections against the judgment of the trial Court. Both these were dismissed by the lower appellate Court on 8th May, 1969. Against this order, the present appeal (RSA 923 of 1969) has been filed by Kishan Chand.;