Mahesh Grover, J. - This judgment will dispose of Regular Second Appeals bearing Nos. 742 and 743 of 1992 as they revolve around the same controversy. The facts are being extracted from R.S.A. 742 of 1992 titled Siri Krishan and another v. Surja and others.

2. The defendant-appellants have assailed the findings of the lower appellate Court whereby the sale in their favour was upset in view of the superior right of pre-emption as claimed by the respondent No. 1 on the ground that he was a co-sharer in the suit property.

3. Briefly stated the facts of the case are that plaintiff-respondent No. 1 filed a suit for possession claiming a superior right of pre-emption on payment of Rs. 5,000/- seeking to pre-empt the sale made by respondent Nos. 2 to 4 in favour of the appellants on the ground of his being a co-sharer. The trial Court negatived the plea of the plaintiff-respondent No. 1 on the ground that an order of partition had been passed by the Court of Asstt. Collector on 6.11.1989, Ex. D2 on record, and Naqsha Zeem prepared on 8.3.1990 thereby severing status of the plaintiff-respondent No. 1 as a co-sharer. In appeal, the plaintiff-respondent No. 1 by way of additional evide