MAHESH GROVER,J - (1.) THIS judgment will dispose of Regular Second Appeals bearing Nos. 742 and 743 of 1992 as they revolve around the same controversy. The facts are being extracted from R.S.A. 742 of 1992 titled 'Siri Krishan and another v. Surja and others'.
(2.) THE defendant-appellants have assailed the findings of the lower appellate Court whereby the sale in their favour was upset in view of the superior right of pre-emption as claimed by the respondent No. 1 on the ground that he was a co-sharer in the suit property. Briefly stated the facts of the case are that plaintiff-respondent No. 1 filed a suit for possession claiming a superior right of pre-emption on payment of Rs. 5,000/- seeking to pre-empt the sale made by respondent Nos. 2 to 4 in favour of the appellants on the ground of his being a co-sharer. The trial Court negatived the plea of the plaintiff-respondent No. 1 on the ground that an order of partition had been passed by the Court of Asstt. Collector on 6.11.1989, Ex. D2 on record, and Naqsha Zeem prepared on 8.3.1990 thereby severing status of the plaintiff-respondent No. 1 as a co-sharer. In appeal, the plaintiff-respondent No. 1 by way of additional evidence produced a copy of the order of the Collector dated 19.3.1991 whereby the order dated 6.11.1989, referred to above, was set aside. On the strength of this order of the Collector the learned lower appellate court came to the conclusion that there was no severance of status of the plaintiff-respondent No. 1 as a co- sharer and upheld the superior right of pre-emption in his favour.
(3.) THAT apart, Mr. Sudhir Mittal, learned counsel for the respondent No. 1, pleaded that the decree of the learned lower appellate Court was executed on 11.5.1992, even before the first interim directions by this Court came into existence on 18.5.1992. The possession of the suit property had also been delivered to the respondent No. 1 on 11.5.1992 as per the report of the Tehsildar. This factual aspect could not be controverted by the learned counsel for the appellants.;