Hemant Gupta, J. - Sarvshri Darbara Singh, Sewa Singh and Dalbir Singh purchased land measuring 131 kanals 10 marlas in the year 1967. Two separate suits were filed for possession by way of pre-emption by Smt. Surbi and Smt. Giano. Learned trial court decreed both the suits on 20.10.1972. The appeal was also dismissed. Regular Second Appeal was also dismissed by this court on March 8, 1982, However, Honble Supreme Court set aside the judgment and decree of pre-emption passed in favour of the plaintiffs on 10.7.1995 and the suit for pre-emption was dismissed.

2. After the suit of pre-emption was decreed by the Honble Supreme Court, the pre-emptors had taken over physical possession of the land in May 1982 and sold the same in favour of the present petitioners on 4.7.1982, On 15.5.1988, vendees i.e. Sewa Singh, Dalbir Singh and Darbara Singh filed an application under section 144 of the Code of Civil Procedure for restitution of possession of the land which was taken by the preemptors in May, 1982. It may be noticed that two of the vendees namely Sewa Singh and Dalbir Singh had died on 7.6.1997 and 16.2.1997 respectively but the application for restitution of possession was f