LAWS(DLH)-1968-1-2

RAM RAKHA Vs. RAMJI DAS

Decided On January 10, 1968
RAM RAKHA Appellant
V/S
RAMJI DAS Respondents

JUDGEMENT

(1.) This second appeal is against the decree of the Additional District Judge, Hoshiarpur, dated May 17, 1966. The learned Additional District Judge confirmed the decree of the Subordinate Judge, First class, Una, in a suit to pre-empt a sale.

(2.) It would be necessary to state certain facts in order that the contentions raised in the appeal may be properly appreciated. Dina Nath, Ramji Das and Smt. Savitri Devi, widow of Banka Rama, jointly 595,603,382-Min, owned 43 Kanals and 10 Mardas of land (Khasra Nos. -~ -- -- - - 29-3 0-19 1-0 603,604,606, 882-Min), -- --- - --- situated in village Bhulola.Tehsil Una. Banka 7-6 2-11 2-0 0-11 Ram was brother of Dina Nath and Ramji Das. Their father was Haria Ram On September 1, 1961, Dina Nath and Smt Savitri sold their two-third share in the land to Ram Rakha Mall, by a registered sale-deed. In the sale deed the sale price was mentioned to be Rs. 800.00 Ramji Das, on May 5, J 1962, instituted a suit to prempt the sale of the land on the grounds of his being a co-sharer and real brother of Dina Nath and the deceased husband of Smt. Savitri Devi. An averment was as well made that the sale had in fact been made for Rs. 400.00 only and the amount of Rs. 800.00 had been fictitiously entered in the sale-deed. The vendee resisted the suit by pleading that the plaintiff had no right of preemption. He mentioned in his written-statement that field Khasra Nos. 603, 604, 606 and 382-Min were held by him as a tenant and field Khasra Nos. 595 and 605 had been reclaimed by him.

(3.) The Subordinate Judge decreed the suit. Against that decree, dated May 18, 1963, the defendant filed an appeal to the Senior Subordinate Judge, Hoshiarpur, but remained unsuccessful. Thereafter he preferred a second appeal which was accepted by Gurdev Singh J. of the Punjab High Court and on November 23, 1964, the case was remanded for fresh decision after allowing the appellant to produce certain evidence The respondent was as well given an opportunity to produce any evidence in rebuttal, if he so desired.