JUDGMENT

Mr. Amol Rattan Singh, J.:- This is an appeal filed by the defendants in a suit instituted by both the respondents herein on 21.07.1986, seeking possession of the suit property, on the ground that they had a pre-emptory right to do so.

2. The case of the plaintiffs was that the suit land, measuring 218 kanals 13 marlas, situate in the revenue estate of village Jamal, Tehsil and District Sirsa, was sold by Radha Kishan, Atma Ram and Jagdish to the appellants herein (the first appellant also ‘carrying’ the name of Jagdish Kumar), vide a registered sale deed dated 25.07.1985; and though the actual sale consideration was Rs.23,000/-, however, only to defeat the right of preemption available to the plaintiffs, a fictitious amount of Rs.45,000/- was shown to be such consideration in the sale deed.

The said land was stated to be a part of a larger holding consisting of 218 kanals 13 marlas, with the plaintiffs being co-sharers in that total land holding.

It was further contended that the plaintiffs were given no notice regarding the sale and though they approached the defend