Rakesh Kumar Garg, J.

1. By this judgment, two identical appeals i.e. RSA No. 2371 and 2377 of 2007 shall stand disposed of as identical question of law on similar facts is said to have arisen out of the impugned judgment and decrees of the Courts below. However, for the sake of convenience, necessary facts for disposal of these appeals have been culled out from RSA No. 2371 of 2007.

2. The appellant filed a suit for possession by way of preemption against the defendants in regard to the half share of the land measuring 24 kanals comprised in Khewat No. 218, Khatoni No. 273 to 275, rect. and killa Nos. 19 (16/1, 16/2, 14, 15) situated at village Halalpur, as per jamabandi for the year 1987-88.

3. The case of the plaintiff, in brief, was that defendant No. 2 Kitabo sold her share of the land detailed above along with all rights appurtenant thereto, for Rs. 1,00,000/- vide registered sale deed dated 20.5.1992 to defendant No. 1 but in order to defeat the possible right of preemption the vendee-defendant, in connivance with the vendor got a fictitious sum of Rs. 1,65,000/- incorporated in the sale deed as the sale price. No notice of the sale in question was ever served upon h