Judgement

RAY. C. J. :- This appeal is by special leave from the judgment dated 2nd May, 1973 of the Punjab and Haryana High Court.

2. The appellants are vendees of the land in suit. The vendors sold the land to the appellants for Rs. 43.000/- on 26th August, 1965. The transaction was by registered deed of sale.

3. The respondents filed this suit for possession by pre-emption of the land in payment of Rs. 30,000/- on allegations that the respondents were on the date of sale tenants of the land under the vendors. The respondents alleged that their right of pre-emption was superior to that of the vendees. They also alleged that the sale took place for Rs. 30,000/- only and the remaining amount was fictitiously mentioned in the deed of sale. The suit was dismissed on the ground that one suit on behalf of the four plaintiffs who were tenants of different parts of the land, was not maintainable.

3-A. On appeal the suit was remanded for re-trial.

4. At the trial on remand, two plaintiffs withdrew from the suit. The trial Court directed the remaining two plaintiffs-respondents Sohan Lal and Nathi to deposit Rs. 6,300/- and Rs. 5,670/respectively on or before 1st April 1969 less 1/5th of the pr