VIRSA SINGH Vs. BISWA NATH BHALLA

JUDGEMENT

(1.) THIS appeal arises out of a suit for possession by pre -emption on the allegation tat the plaintiff - pre -emptor has a superior right to pre -empt the sale in dispute, being son of the vendor. The vendees resisted the suit and on the pleadings of the parties, the trial Court framed the following issues -

(2.) LEARNED counsel for the vendee -appellants has canvassed two propositions before me (1) that the finding of the lower appellate Court that the vendees were not tenants on the suit land on the date of sale is vitiated for the reason that the lower appellate Court misread the evidence on the record, and (2) that the finding of the lower appellate Court that the plaintiff respondent had a superior right to pre -empt the sale, being the son of the vendor, is vitiated, as the same is based on evidence which was inadmissible in law. In my opinion, there is no merit in either of the two contentions raised by the learned counsel for the appellants.

(3.) AS regards the first contention raised by the learned counsel for the appellants, I do not find any misreading of the evidence on the part of the lower appellate Court. In this connection the learned counsel has urged that in Rabi 1960, Sohal Lal son of Paras Ram son of Gobind Charan Singh son of Man Singh son of Chain Singh son of Amar Singh son of Gain Singh etc. are recorded as Ghair Mauroosian Batal Tehara Har Kisam in equal shares, and out of them Charan Singh and Chanan Singh happen to be the vendee defendants and he maintains that although in column meant for Kharif 1960 and Rabi 1961 the important entry in 'Chanan Singh, Joginder Singh son of Amar Singh 2/3rd, and Charan Singh son of Man Singh 1/3rd, Ghair Mauroosian under Jokha Singh son of Baga Singh Pattedars, Habri Tehsil Kaithal for Rs. 1,200/ - payable to Jagan Nath and Joginder etc. Mauroosian Tebal Pattedar, and in Rabi 1963, the names of Sadha Singh and others referred to above appear with the same entry and the Khasra Girdawaris meant for Kharif 1964 onwards show that in the column of ownership, name of Jagan Nath son of Sunder Dass is recorded, in the column of cultivation, the names of Sadha Singh son of Kehar Singh, Kartar Singh, Sawaran Singh and Rattan Singh, Sawaran Singh and Rattan Singh as Pattedars under the owner of Rs. 1,200/ - are mentioned, yet in view of the entry in the same column to the right hand side in red ink with reference to report No. 266, dated 8 -1 -1968 of the Patwaris Roznamcha, relating to the correction of the Girdawari in favour of the vendee -appellants, the appellants should be considered as tenants at the relevant time i.e., in the year 1965.