JUDGMENT

Alka Sarin, J. - The present regular second appeal has been filed by the defendant-appellant challenging the judgment and decree dated 24.01.1989 passed by the lower Appellate Court decreeing the suit of the plaintiffrespondent while reversing the judgment and decree dated 29.08.1988 passed by the Trial Court.

2. The brief facts relevant to the present lis are that one Smt. Nirmala Devi was co-owner to the extent of 1/3 share in land measuring 53 kanals - 7 marlas i.e. 17 kanals - 16 marlas situated in village Jogna Khera, Tehsil Thanesar. Vide registered sale deed dated 15.07.1985 she sold the said land to the defendant-appellant for a sale consideration of Rs.45,000/-.

3. On 13.06.1986, a suit was filed by the plaintiff-respondent for possession by way of pre-emption on the ground that he was a co-sharer in the land and hence had a superior right to pre-empt the sale in question.

4. The suit was contested by the defendant-appellant. Defendant No.2 in the suit i.e. Smt. Nirmala Devi, the vendor, was given up as being an unnecessary party to the suit. It was averred in the written statement that the defendant-appellant was a tenant under defendant No.2 i.e Smt. Nirmala Devi, t