Dhani Ram vs Nafe Singh - 2025 Supreme(P&H) 495

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2025 Supreme(P&H) 495

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
SUVIR SEHGAL
Dhani Ram – Appellant
Versus
Nafe Singh – Respondent

Advocates:
Advocate Appeared:
For the Appellant :Mr. Harshit Joon, Advocate and Mr. Sagar Bathla, Advocate
For the Respondent:Mr. Ashish Gupta, Advocate

JUDGMENT :

Suvir Sehgal, J.

Appellant/defendant No.l is in second appeal assailing concurrent finding recorded by the two Courts below.

2. Respondent No.l/plaintiff filed a suit for possession of 16 marlas land by way of pre-emption of sale deed dated 03.06.1986. His pleaded case is that he was co-sharer of unpartitioned land measuring 7 kanals 6 marlas along with Bharat Singh and Vaid Singh. Bharat Singh sold his l/9th share, that is 16 marlas, besides other agricultural land totalling 18 kanals 04 marlas to defendant No.l vide sale deed dated 03.06.1986 for a consideration of Rs.60,000/-. Claiming that he is a co-sharer in Khewat No.89 with Bharat Singh, plaintiff filed a suit for pre-emption of 16 marlas land asserting that inflated consideration of Rs.30,000/-, has been mentioned in the sale deed. Upon being served, suit has been contested by defendant No.l, wherein he denied the status of the plaintiff as a co-sharer. Explaining the sale consideration, defendant No.l averred that half the amount was paid as earnest money and the balance amount was paid at the time of registration of the sale deed. Defendant No.l claimed to be in possession of the suit land and stated that a simil