SHRIMATI PARKASHO DEVI Vs. GURA RAM AND ANOTHER

JUDGEMENT

(1.) SMT . Parkasho Devi appellant acquired the land in dispute by transfer from Chhaju Ram, respondent No. 2. Gura Ram respondent No. 1, filed a suit for preemption alleging that the transfer was in fact a sale for a price of Rs. 1,000/ - and that it had been wrongly given the guise of a gift in the registered deed, Exhibit D. 1, and that he was entitled to pre -empt this sale as he was in possession of the land in dispute as a tenant of the owner, Shri Chhaju Ram, respondent. The trial Court found that the transaction was in fact a gift as described in the registered deed, Exhibit D. 1. The suit was, therefore, dismissed by the trial Court An appeal filed by Gura Ram was, however, allowed by the District Judge, Gurdaspur who has come to the finding that the transaction was in fact a sale The case has, therefore , been remanded to the trial Court under Order XLI, Rule 23A of the Code of Civil Procedure for redecision on other issues. The transferee has come up in second appeal to this Court.

(2.) THE following portions of the judgment of the learned Court of First Appeal would show that it is based mostly on conjectures:

(3.) THE learned counsel for the appellant, Shri Sarin, has cited in this connection a Division Bench ruling of this Court in Pati Ram and Ors. v. Mam Chand : A.I.R. 1959. P&H. 117, Dua J. who wrote the judgment for the Bench and who is now on the Supreme Court was pleased to observe as follows: