DALIP SINGH Vs. UTTAM SIGH

JUDGEMENT

(1.) THIS second appeal arises out of a suit for possession by pre-emption by Uttam Singh plaintiff respondent. Smt. Ishri widow of Kehar Singh and mother of Kartar Singh deceased sold land measuring 79 Kanals 14 Marlas along with some other property as described in the plaint,. In favour of defendants-appellants for a sum of Rs. 10. 945/ -. Uttam Singh plaintiff is the son of brother of Kehar Singh. He claimed a right to pre-empt the sale and hence the suit.

(2.) THE vendees, defendant-appellants resisted the suit denying plaintiffs superior right of pre-emption. It was pleaded that the sale price was paid and fixed in good faith. There were other pleas also taken and the parties went to trial on the following issues:- 1. Whether the plaintiff has got a right of pre-emption? 2. Whether the alleged sale price of Rs. 10945/- was actually paid or fixed in good faith?

(3.) IF not, what was the market price of the suit land on the date of sale?