Judgment

DUA, J.: - In this appeal by special leave from the judgment and decree of a learned single Judge of the Punjab and Harvana High Court arising out of a pre-emption suit only two questions were raised by the learned counsel for the appellants who were vendees-defendants in the trial Court. The suit was instituted by the three sons of the three vendors who were real brothers, and the two points canvassed in this court challenge the decisions of the High Court and of the court of the District Judge on issues 6 and 7. Those issues are:

"6. Is the suit collusive? It so, effect.

7. Is the suit within time?"

Both these issues were decided by the trial Court against the plaintiffs but the District Judge on appeal reversed the decision of the trial court on both the issues and the High Court on second appeal affirmed the decision of the first appellate court.

2. The relevant facts may now be stated in brief. Kartar Singh, Bachan Singh and Sardara Singh, sons of Sohel Singh, claiming to be cosharers, agreed on September 19, 1961, to sell 193 Kanals and 15 marlas of land to Sukhnandan Singh, Sukhminder Singh and Balkar Singh sons of Gurdev Singh in equal shares, 1/3rd share, Gurminder Sin