ORDER

K. Ramaswamy, J. –

The defendant in the suit obtained leave of this Court to appeal against the judgment and decree of the Regular Second Appeal No. 1456 of 1983 dated 16-8-1994 of the High Court of Punjab and Haryana. The respondent Om Prakash Chaudhary laid Suit No. 486 of 1981 in the Court of Sub-Judge III, Karnal for a decree of pre-emption of agricultural land measuring 8 bighas 13 biswas comprising in Khawat No. 1575, Khatanu No. 3611 and Khasra Nos. 1658(4-1) and 1659(4-12) situated at Kasba Karnal in the State of Haryana. The respondent laid the suit on the pleadings in para 3 that his real brother vendor, Jai Singh, son of Abhe Ram had alienated the lands for a fictitious consideration of Rs 32,000 though the consideration of Rs 26,000 had been mentioned in the sale deed dated 21-5-1977 and he being the real brother has a superior right as a co-sharer to seek pre-emption of the lands from the appellant/vendee. The trial court, as stated earlier, decreed the suit on 31-3-1982. The Additional District Judge and the High Court confirmed the decree of the trial court.

2. A Constitution Bench of this Court in Atam Prakash v. State of Haryana (1986) 2 SCC 249 declared that th