IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH RSA No.58 of 1988 Date of decision : 15.2.2011 Jai Ram and others … Appellants Versus Kishori and another …Respondents CORAM : HON’BLE MRS.JUSTICE SABINA Present: Mr.R.K.Verma, Advocate for the appellants. Mr.Kulvir Narval, Advocate for the respondents. Sabina, J. Plaintiffs had filed a suit for possession by way of pre-emption. The case of the plaintiffs in brief was that Shiv Parkash had sold the suit property to defendants vide sale dated 12.10.1984 for consideration of Rs.15000/-. Plaintiffs were co-sharers in the suit land and were entitled to pre- empt the sale in question. Defendants on the other hand, averred that the plaintiffs were not co-sharers in the suit property and had no right to pre-empt the sale deed. On the pleadings of the parties, following issues were framed by the trial Court:- “1 Whether the plaintiff has got a preferential right of pre- emption against the impugned sale, as alleged? OPD 2. Whether the suit is not maintainable in the present form? OPD 3. Whether the plaintiff ha no locus-standi to file the present suit? OPD 4. Whether the suit in time barred?OPD 5. Whether the defendant-vendees are entitled to special costs under Section 35-A CPC? OPD 6. Relief.” The trial court vide judgment and decree dated 1.6.1987 decreed the suit of the plaintiffs. Aggrieved by the said judgment and decree, the defendants preferred an appeal. The first appellate court allowed the appeal filed by the defendants and consequently, dismissed the suit of the plaintiff. Hence, the present appeal by the plaintiffs. RSA No.58 of 1988 After hearing learned counsel for the parties, I am of the opinion that the instant appeal deserves dismissal. Plaintiffs had averred that they were co-sharers in land comprised in khewat No.211 min khata No.322 min, mustil No.95/12/2(0-18), 13/2(5-2), 18(8-0) and khewat No.211 min khata No.322, min mustil No.96/2/2(3-4), 3(8- 0), 12/2(3-19). Plaintiffs claimed themselves to be co-sharers in the suit land on the basis of sale deed Exhibits P-1 and P-2 dated 11.10.1977. As per sale deed Exhibit P-3, defendants had purchased land measuring 67 kanals 14 marlas bearing khasra No.95/21(8-0), 96//10/2(2-4),11(7-13), 12/1(2-4), 19(7-13), 20 (8-0), 21(8-0), 22(8-0) on 8.10.1985. However, a perusal of copy of jamabandi (Exhibit P-4) would reveal that plaintiffs are not co-sharers in the land, purchased by the defendants. Thus, the plaintiffs had failed to establish that they were co-sharers in the suit land. In these circumstances, learned first appellate court had rightly allowed the appeal filed by the defendants. No substantial question of law arises in this appeal which would warrant interference by this Court. Accordingly, this appeal is dismissed. ( Sabina ) Judge 15.02.2011 sd 2