S.N.AGGARWAL,J - (1.) NAGINA , respondent No. 3 was the owner of land comprised in Khewat No. 64, Khatauni No. 203, Killa No. 31//7(8-0), 8(8-0), 9(8-0), 10/1 (1-16), 13/2 (6-8), as per Jamabandi for the year 1981-82. Out of this land, Nagina sold Killa No. 341//8 (8-0), 99(8-0), 10/1(1-10) and 13/2 (6-8) to Pirthi and Harkesh respondents vide sale deed dated 7.7.1988 for which mutation No. 815 was sanctioned on 5.9.1988. Subsequently, Nagina respondent sold Killa No. 31//7 (8-0) of Khewat No. 64, Khatauni No. 203 in favour of Maan Singh (now deceased) (predecessor-in-interest of the appellants) vide sale deed 25.4.1989 for a sum of Rs. 70,000/-. 1/4th share in tubewell, electric motor etc. was also sold along with it.
(2.) ON this, Pirthi and Harkesh respondents filed a suit for possession by way of pre-emption as co-sharers. Maan Singh (predecessor-in-interest of the appellants) had filed written statement and contested the suit. Additional objections were also pleaded. Issues were framed by the learned trial Court.
(3.) IN support of their case, Pirthi appeared as PW-1. He also proved copy of the Jamabandi for the year 1981-82, Exhibit P-1, copy of mutation No. 815 mark B and closed the evidence.;