JUDGMENT

V.N.KHARE, J.

(1) THE defendant-appellant herein, by a registered sale deed dated 24.8.1967, purchased the land measuring 66 bighas 13 biswas out of 94 bighas 3 biswas comprising in khasra nos. 210 min-109(73- 0), 210 min 109(10-3) and 209/109 (11- 0) situated in village Kairu in the district of Bhiwani. Subsequently, the plaintiff-respondent herein, who claims to be the co-sharer filed a suit for possession by way of pre-emption. The trial court decreed the suit. By the judgment of the first appellant court, the decree of the trial court was reversed and the suit stood dismissed. Thereafter, the plaintiff preferred the second appeal before the High Court. The High Court allowed the second appeal, set aside the judgment of the first appellate court and restored the decree of the trial court. It is against the said judgment, the defendant-appellants are in appeal before us.

(2) IT is not disputed that the plaintiff is a co-sharer. It is also not disputed that the khewat has not been partitioned. It is also not disputed that the Punjab Pre-emption Act is applicable to the State of Haryana and under the Punjab Pre-emption Act, a co-sharer has a rig