SURJA RAM Vs. BIRBAL

JUDGEMENT

(1.) THIS Regular Second Appeal is directed by Surja Ram (plaintiff) against the judgment and decree dated 28.4.1979, whereby his suit for possession by pre-emption was dismissed and also vide judgment dated 4.9.1980 his appeal was dismissed by the learned Additional District Judge, Sirsa.

(2.) BRIEFLY stated the facts are that Sarvshri Hiru, Kashi, Manphool, Bishna, Moman, Smt. Mam Kaur, Kanda, Het Ram and Jamna of village Chakkan sold land measuring 45 Kanals 16 Marlas comprised in Khewat No. 303, Khatauni No. 443 Rect. 44 Killa Nos. 8 and 9 (16-0), 10/1 (2-16), 11/2 (2-16), 12 to 14 (24-0) and Khewat No. 78 Khatauni No. 103 Rect. No. 44 Killa Nos. 15/1 (0-4) situated in village Chakkan by way of registered sale deed executed on 11.1.1977 and registered on 12.1.1977 to the respondents (defendants) for ostensible price of Rs. 38,000/-. The appellant claiming himself to be co-sharer in the Khewat out of which the suit land had been sold filed a suit for possession by pre- emption. He further alleged that the suit land was sold for a sum of Rs. 27,000/- and the amount of Rs. 38,000/- was fictitiously shown in the order to defeat his right of pre-emption.

(3.) ON the pleadings of the parties, following issues were framed :-