the additional district judge on 29 july 1969 passed a decree for.
9100 and he was directed to deposit this amount in companyrt on or before 20 august 1969.
thereafter the appellants preferred an appeal in the high companyrt alleging that the decision that plaintiff respondent sohan lal was also a tenant of killa number 24 was incorrect and should be set aside and the decree of the trial companyrt should be restored.
17 and 18/1 of rectangle 37.
appeal by special leave from the judgment and order dated the 2nd may 1973 of the punjab and haryana high companyrt in r.s.a.
the vendors sold the land to the appellants for rs.
they also alleged that the sale took place for rs.
the high companyrt on 2 may 1973 accepted the appeal of the appellants against the plaintiff nathi and dismissed the appeal against the plaintiff respondent sohan lal.
the plaintiffs respondents aggrieved by the order.
at the trial on remand two plaintiffs withdrew from the suit.
the respondents alleged that their right of pre emotion was superior to that of the vendees.
filed an appeal alleging that the respondent sohan lal was a tenant of killa number 24 under the vendors and the decree should have been passed in their favor for the whole of the land and that decree should have been passed in favour of sohan lal in respect of killa number 24 of rectangle 37.
5670 respectively on or before 1 april 1969 less 1/5th of the pre emotion amount already deposited by them.
the respondents filed this suit for possession by pre emption of the land in payment of rs.
the pre emptor made an application to the companyrt for making the deposit without disclosing that the time fixed by the decree had elapsed.
6300/ and rs.
civil appellate jurisdiction civil appeal number 496 of 1974.
the decree in favour the respondent nathi was maintained without change.
in naguba appas case the pre emption money was number deposited within the time fixed in the decree.
on appeal the suit was remanded for re trial.
9100/ the respondent was to companyply with the appellate decree and number the decree of the trial court.
possession by pre emotion in favour of respondent sohan lal on payment of rs.
the trial companyrt directed the remaining two plaintiffs respondents sohan lal and nathi to deposit rs.
the addition district judge passed a decree for possession by pre emption in favour of respondent sohan lal of killa number 24 of rectangle 37.
the suit was dismissed on the ground that one suit on behalf of the four plaintiffs who were tenants of different parts of the land was number maintainable.
30000/ only and the remaining was fictitiously mentioned in the deed of sale.
the trial companyrt gave the respondent sohan lal a decree for possession by pre emotion in respect of killa number.
the appellants are venders of the land in suit.
the transaction was by registered deed of sale.
number1469 of 1969.
the appellants also prayed that the decree in favour of the two plaintiffs respondents sohan lal and nathi were liable to be set aside.
p. sharma for the appellant.
30000/ on allegations that the respondents were on the date of sale tenants of the land under the vendors.
n. dikshit for respondent number 1.
43000/ on 26 august 1965.
the other ground in the appeal was that the decree should have been passed in favour of the plaintiffs respondents for whole of the land.
this appeal is by special leave from the judgment dated 2 may 1973 of the punjab and haryana high court.
the judgment of the companyrt was delivered by ray c.j.
