TIKAN Vs. DHARAMVIR SINGH ETC.

JUDGEMENT

(1.) THE main question which requires determination in this appeal is whether a person holding agricultural land as a tenant under the owner thereof continues to have that status after a usufructuary mortgage is created by the owner in respect of the land in favour of a person to whom the tenant begins to attorn.

(2.) THE facts giving rise to this appeal are these. Shmt. Khemon, a resident of village Tigaon, Tahsil Ballabgarh, district Gurgaon, sold 23 Kanals 2 Marias of agricultural land situated in that village to the Defendants -Respondents for Rs. 7,000 by means of a registered sale deed, dated the 21st of April, 1960. This land was held under usufructuary mortgage with one Sanwal Singh, the mort -gige -money being Ra. 3,000, which was left in deposit with the vendees for payment to the mortgagee. The Plaintiff -Appellant who, at the time of sale, was in possession of the land,as a tenant under the mortgagee filed a suit to pre -empt the sale on the ground that at that time his status really was that of a tenant under the vendor. Exception was taken to the genuineness of the ostensible price and it was averred that the price actually fixed was only Rs. 4,000. The Defendants' case was that the Plaintiff had No. right to pre -empt the sale. In the event of the suit being decreed, however, they asserted their right to be reimbursed for the expenses incurred in purchasing the stamps for the sale deed and having it registered.

(3.) FROM a perusal of the Khasra Girdawari Exhibit P. I, the following facts are clearly made out: