CHHELU RAM Vs. DAN SINGH

JUDGEMENT

(1.) This appeal by the plaintiff/appellant is directed against the judgment and decree dated 5.11.1984 passed by the learned courts below vide which suit filed by the plaintiff/appellant for possession of agricultural land measuring 16 Bighas 18 Biswas situated at Karnal by way of decree of preemption stands dismissed.

(2.) Dharam Singh, defendant No. 4 sold 16 Bighas 18 Biswas of agricultural land to the defendant/vendee Dan Singh and two others for Rs. 40,000/- (Rupees forty thousand only) vide registered sale deed dated 12.4.1977. The appellant/plaintiff asserting himself as tenant on the suit land, filed a suit for possession by way of pre-emption by alleging that sale in fact, took place for Rs. 25,000/-(Rupees twenty five thousand only).

(3.) The suit was contested, wherein it was asserted that the suit land was purchased for a sum of Rs. 40,000/- (Rupees forty thousand only), which was the market value. It was denied that the plaintiff/appellant was tenant. It was denied that he ever paid batai to the owner. The case set up by the plaintiff was that entries in khasra girdawari were got illegally made without notice to the defendant/respondents. The land was said to be under self cultivation of the vender. The plaintiff/appellant was said to be servant of the vendor and not a tenant. He was said to have taken active part in the sale and the suit was also claimed to be bad for partial pre-emption as also being time barred. Plea of waiver was also raised. Plea was also raised that improvement has been made on the land by spending a sum of Rs. 5,000/- (Rupees five thousand only) and that they also incurred expenses towards registration and stamp charges etc.