Nirmal Yadav, J.:-This is defendants second appeal challenging the judgment & decree dated 17.10,1981 passed by the Sub Judge IInd Class, Kaithal and the judgment & decree dated 29.1.1982 of the 1st Appellate Court affirming the aforesaid judgment & decree passed by the trial Court.

2. The facts leading to the present case are that Gurdev Singh and Sadhu Singh (appellants-defendants No.2 and 3), sold land measuring 12 kanals vide sale deed dated 13.12.1976 in favour of Saroop Chand (respondent No.4/defendant No.1) for consideration of Rs.9000/-. Raghbir Singh and his two brothers i.e. respondent No.1 to 3/plaintiffs filed a suit for pre-emption claiming superior right being the vendee and co-sharer in ithe suit land. According to respondents-plaintiffs, the appellants-defendants are the sons of their father’s brother. It was also pleaded that actually Rs.4000/- was paid as sale consideration. Defendant-Saroop Chand (vendee) filed written statement stating that he was left with no title or interest in the suit land as the sale in his favour had been declared null and void vide civil Court decree passed in civil Suit No.428 of 1978 ­titled as Gurdev Singh, etc. vs. Saroop Ch