SUBE SINGH Vs. RAM SINGH

JUDGEMENT

(1.) This regular second appeal, by the plaintiff/appellant, is directed against the judgment and decree dated 25.7.1984, passed by the learned Additional District Judge (II), Jind, vide which the suit for possession by way of pre-emption, filed by the plaintiff/appellant, was ordered to be dismissed.

(2.) The plaintiff/appellant brought a suit for possession by way of pre- emption, on the pleading, that vendor Sheo Dayal was owner of the land measuring 17 kanals 16 marlas, which he sold to Ram Singh defendant/respondent No. 1 for a sum of Rs. 21,000/- (Rupees twenty one thousand only) vide sale deed dated 21.5.1980, though the fictitious sale consideration was shown as Rs. 37,000/- (Rupees thirty seven thousand only). The plaintiff claimed his right of pre-emption being son of vendor. The case of the plaintiff/appellant, therefore, was, that he had a superior right of pre-emption and was entitled to pre-empt the sale.

(3.) The suit was contested by defendant/respondent No. 1, by raising the objection that the suit was bad for partial pre-emption. The suit was said to be collusive and benami. It was also the case of defendant/respondent No. 1, that the plaintiff was the consenting party to the sale. The relationship between the vendor and plaintiff were denied. It was asserted that the sale consideration paid was Rs. 37,000/- (Rupees thirty seven thousand only) and not Rs. 21,000/- (Rupees twenty one thousand only). It was also the case of defendant/respondent No. 1, that the plaintiff/appellant and vendor constitute Joint Hindu Family and the land in dispute was coparcenary Joint Hindu Family property. The property was sold by karta of the family. It was also the case of defendant/respondent No. 1, that after purchase a sum of Rs. 13,540/- (Rupees thirteen thousand five hundred and forty only) was spent on the improvement of the land. It was claimed, that he was entitled to recover this amount in addition to sale consideration, stamp and registration charges.