Mr. L.N. Mittal, J.: (Oral) - This is second appeal by plaintiff-Piara Singh who was successful in the trial court but has been non-suited by the lower appellate Court.

2. Suit land measuring 4 kanals out of 11 kanals comprised of khasra Nos.405/1(3-0) and 406 (8-0) was sold by defendants No.1 and 2 (proforma respondents No.2 and 3) (since given up in the trial Court) to Baldev Singh-defendant No.3/respondent No.1 vide registered sale deed dated 24.05.2002 for consideration of Rs. 1,25,000/-. Plaintiff filed preemption suit to preempt the said sale on the ground that he is in cultivating possession of the entire 11 kanals land including 4 kanals suit land as tenant on 1/3 batai since long.

3. Defendant No.3 vendee contested the suit and denied the tenancy of the plaintiff and claimed to be owner in possession of the suit land.

4. Learned trial Court decreed the plaintiff’s suit for preemption, but in first appeal preferred by defendant No.3 vendee, lower appellate Court has dismissed the suit of the plaintiff who has, therefore, filed this second appeal.

5. I have heard learned counsel for the parties and perused the case file including files of the Courts below.

6. Counse