CHANAN SINGH AND ORS. Vs. SMT. JAI KAUR

JUDGEMENT

(1.) ON the 3rd February, 1958, by a registered sale deed Mst. Sobhi, widow of Santa Singh, sold the land in dispute to Chanan Singh and Gurbakhsh Singh for Rs. 8,000. This sale led to the present suit by Mst. Jai Kaur for possession of the land by pre -emption on the ground that she was the daughter of Santa Singh, deceased, husband of Mst. Sobhi, and consequently she had a superior right of pre -emption as against the vendees. She also stated that the sale price of Rs. 8,000 was neither paid nor fixed in good faith, and that Rs. 4,000 was the market value of the land in dispute and this was the amount which had actually been paid to the vendor.

(2.) THE suit was resisted by the vendees on the ground that the Plaintiff had no right of pre -emption, and that the sale had taken place for Rs. 8,000 which was also the market value of the land - It was further pleaded that the suit was for partial pre -emption and was liable to be dismissed on that ground.

(3.) THE following issues were framed in the case: -