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JAISHREE THAKUR
Amar Nath – Appellant
Versus
Vijay Kumar – Respondent
Judgment
Mr. Jaishree Thakur, J.:- The instant Regular Second Appeal has been filed by the appellants against the judgment and decree dated 22.4.2009 passed by the Additional District Judge, Barnala, vide which the judgment and decree dated 16.10.2008 passed by the trial court dismissing the civil suit filed by the plaintiff/appellants herein for declaration was upheld.
2. The facts, in brief, are that the plaintiffs/appellants herein filed a suit for declaration to the effect that they are owners in possession of the suit land to the extent described in the head note of the plaint. It was pleaded that Kundan Lal, predecessor of respondents 1 to 3 was the owner of the suit land to the extent of 1/3rd share i.e. measuring 65 kanals 3 marlas (earlier the land was 38 bighas 3 biswas but after consolidation, it is 65 kanals 3 marlas). The said Kundan Lal was having 1/3rd share in the suit property and he had sold the said property to the predecessors of respondents 4 to 15, vide sale deed dated 22.11.1958.
3. The predecessors of appellants i.e. Budh Ram and Jeona Ram filed a suit on the basis of pre-emption with regard to the transaction dated 22.11.1958 and the suit was decreed on 14.4
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