In the Punjab and Haryana High Court,at Chandigarh. RSA No. 1767 of 2008 Decided on October 16,2008. Ram Kishan --- Appellant vs. Lakhpat and others ---Respondents Present: Mr. J.V.Yadav,Advocate,for the appellant. Rakesh Kumar Jain,J: The plaintiff is in second appeal. The plaintiff filed the present suit for possession by way of pre-emption on the ground of being a co-sharer with the vendor/defendant No.2. The vendor/defendant No.2 was owner in possession of agricultural land measuring 7 kanals 17 marlas, out of total land measuring 47 Kanals 17 Marlas situated at village Pundri, Tehsil Gharaunda, District Karnal. Defendant No.2 sold land measuring 7 Kanals 17 Marlas to defendant No.1 vide registered sale deed dated 30.5.1988 registered on 31.5.1988 for a consideration of Rs. 30,000/-. The plaintiff's claim is that he being a co- sharer in the joint khewat has a superior right to pre-empt the sale in question qua defendant No.1. RSA No. 1767 of 2008 -2- In the written statement, besides preliminary objections, defendant No.1 averred that he is also a co-sharer in the suit property having purchased a share in joint khewat of the suit land in the year 1986 vide registered sale deed No.1114 dated 07.10.1986 for a consideration of Rs. 43875/- on the basis of which mutation No.2534 has also been sanctioned in his favour. Therefore, the plaintiff does not have superior right to pre-empt the sale executed in his favour and the suit is not maintainable. Both the Courts below recorded a firm finding of fact that both the plaintiff and defendants are co-sharers in the suit land which is still joint and has not been partitioned. It has been proved on the record vide the sale deed (Ex. D-1), dated 10.7.1986 executed by Antu Ram son of Chet Ram, who was a co-sharer in the joint khewat regarding land measuring 7 kanals 16 marlas which was sold in favour of Lakhpat Singh-defendant No.1, Sobha Ram, Beer Singh and Beli Ram for a consideration of Rs. 43875/-. Therefore, defendant No.1 was already a co-sharer by virtue of sale deed dated 10.7.1986 in the land of joint khewat out of which sale deed sought to be pre-empted is executed on 31.5.1988. In the case of Anant Ram and others v. Khazan Singh and others 1986 P.L.J 621, it was held that once a vendee also becomes a co-sharer with plaintiff/pre-emptor in the joint khewat out of which the land in question has been sold, the plaintiff cannot claim superior right of pre-empion qua the vendee, who himself has also becomes co-sharer in the joint khewat with him. Learned counsel for the appellant could not point out any illegality in the finding of fact recorded by the Courts below which is based RSA No. 1767 of 2008 -3- upon appreciation of documentary evidence. In these circumstances, there is no question of law much-less substantial involved in this appeal. As such, the present appeal, being devoid of any merit, is hereby dismissed in limine. October 16,2008 (Rakesh Kumar Jain) RR Judge