TEJA SINGH AND OTHERS Vs. BHAGWAN SINGH

JUDGEMENT

(1.) BY this judgment I shall dispose of two appeals namely. Second Appeal from Order No. 44 of 1967 and Regular Second Appeal No 131 of 1970, both of which arise from a pre -emption suit instituted for possession of 119 kanals of land sold by one Rajinder Singh in favour of ten persons who figure as Appellants in both the appeals, the Respondent to each one of them being Bhagwan Singh the Plaintiff pre -emptor. The sale was evidenced by sale deed Exhibit D. 3 executed on the 17th of October, 1964, which states the price paid for the land to be Rs. 24,000/ - and describes the property conveyed to the Appellants thus:

(2.) THE sale deed proceeds to state that the price for which the land was agreed upon to be sold was Rs. 24,000/ - and then lays down the details of the manner in which it was being received by the vendor. These details cover more than one out of four sheets of paper of which the deed is comprised. Thereafter it adds:

(3.) ON the date of the presentation of the plaint in court, the learned trial Judge directed that Rs 4800/ - being the one -fifth of the probable value of the amount in suit be deposited by the Plaintiff in court by the 30th of November, 1965, in accordance with the requirements of Section 22(1) of the Punjab Pre -emption Act (hereinafter to be referred to as the Act). In pursuance of an application made on the 23rd of November, 1965, the time for deposit was extended on the 29th of November, 1965, till "15th January, 1965".