S.K.Jain, J.

1. Smt. Harbans Kaur respondent No. 2 herein sold 8 kanals 6 Marlas of agricultural land comprised in Khewat No. 56 min, Khatauni No. 90, Khasra No. 24/19 (8.-0) in favour of Avtar Singh appellant herein for a sale consideration of 45,000/-. This sale was pre-empted by Ranjit Singh respondent No.1 herein vide Civil Suit No. 833 of 1990 instituted on 15.64990 claiming superior right of pre-emption being co-sharer in the suit land the suit was contested by defendant No, 1 on various grounds and the lis was fought between the parties on the following issues:-

1. Whether the plaintiff has superior right of preemption to pre-empt the sale in question, if so to what effect? OPP

2. Whether the suit is not maintainable as alleged in para No. 1 of the preliminary objections of written statement? OPP.

3. Whether the suit of the plaintiff is barred by time? OPD.

4. Whether the plaintiff has not deposited the l/5th pre-emption amount in time? OPD.

5. Whether the suit is of the plaintiff is barred by principle of estoppel? OPD.

6. Whether the defendant No.1 has spent an amount of Rs. 3000/- for improvement of suit land as alleged? OPD.

7. Relief?

2. The learned Senior Sub-J