JUDGMENT :

NIDHI GUPTA, J.

CM-9090-C-2022

Prayer in the present application under Section 151 C.P.C. is to place on record the copy of judgment and decree dated 08.08.2013 passed by Ld. District Judge, Panchkula in Civil Appeal No. CA/16000001/2011 titled as 'Atma Ram Vs. Jyuna and Another' (Annexure A-4).

2. Heard.

3. In view of the averments made in the application, the same is allowed and the copy of judgment and decree dated 08.08.2013 is taken on record, subject to all just exceptions.

CM-2969-C-2025

Prayer in the present application under Section 151 C.P.C is to place on record the copy of judgment and decree dated 30.08.2024 (Annexure A-4), passed by Ld. Additional District Judge, Panchkula in Civil Appeal No. 291 dated 27.11.2017.

2. Heard.

3. In view of the averments made in the application, the same is allowed and the copy of judgment and decree dated 30.08.2024 is taken on record, subject to all just exceptions.

RSA-798-2020 (O&M)

Plaintiffs are in Second Appeal against the concurrent judgments and decrees of the learned District Courts; whereby the suit filed by the appellants for decree of possession by way of pre-emption of the suit land as described in the plaint; and for permanent injunction, has been dismissed by the learned Additional Civil Judge (Senior Division), Panchkula vide judgment and decree dated 28.11.2016; and the Civil Appeal there against has been dismissed by the learned Additional District Judge, Panchkula vide judgment and decree dated 30.09.2019.

RSA-6033-2018 (O & M)

Plaintiffs (performa respondents-defendants no.3 and 4 in the above said connected RSA 798 of 2020) are in Second Appeal against the concurrent judgments and decrees of the learned District Courts; whereby the suit filed by the appellants for decree of possession by way of pre- emption of the suit land as described in the plaint; and for permanent injunction, has been dismissed by the learned Civil Judge (Junior Division), Panchkula vide judgment and decree dated 21.01.2015; and the Civil Appeal there against has been dismissed by the learned Additional District Judge, Panchkula vide judgment and decree dated 26.9.2017.

2. Both the above said Second Appeals are being disposed of by this common order as both appeals, although arising out of separate suits, are in respect of the same suit land, between same parties, and the facts and issues involved in both appeals are identical. For the sake of facility, facts are being drawn from, and parties are being referred to as per their status in RSA 798 of 2020.

3. It was the pleaded case of the appellants in the plaint that Mir Mohd. Raza Ali Khan/defendant No.2 was co-sharer of the suit land. Plaintiffs and their brothers/performa defendants No.3 and 4 (appellants in connected RSA 6033 of 2018), were tenants over the suit land since long. Defendant No.2 was residing in Aligarh, U.P. and was only co-sharer in the suit land but not in possession of any part of the suit land. Vide 4 separate Sale Deeds, defendant No.2 had sold the suit land to defendant No1. However, plaintiffs and performa defendants No.3 and 4 being in possession over the suit land as tenants, had pre-emptory rights. Entries in the column of possession of Jamabandi were also in favour of the plaintiff and performa defendants. Being tenants over the portion of the suit land, plaintiffs and performa defendants are entitled to pre-empt the Sale Deeds. Even no notice of Sale Deed dated 19.10.2011 was given to the plaintiffs. Plaintiffs requested defendants to admit the right of the plaintiffs but they failed to do so. Thus, present suit was filed on 17.10.2012.

4. Upon appraisal of the pleadings and the evidence led by the parties, the learned District Courts had dismissed the suits and Civil Appeal of the plaintiffs vide respective judgments. Hence, the present second appeals by the plaintiffs.

5. It is inter alia submitted by learned counsel for the appellants that the learned District Courts have erred in law in holding that the appellan