LAWS(P&H)-1951-7-10

CHANDGI RAM Vs. RABI DATT

Decided On July 06, 1951
CHANDGI RAM Appellant
V/S
RABI DATT Respondents

JUDGEMENT

(1.) ON the 13th of February, 1947, Lakhi Ram and Chandgi Ram instituted Civil Suit No: 55 of 1947 for possession by pre-emption of one half share of 12 'bighas' 7 'biswas' of agricultural land situate at village Chhara, district Rohtak, 'khewat' No: 544, Khasra Nos. 4522, 4496, 4497, 4516, 4523, 4524 and 4495 alleging that they being 'biswedars' in village Chhara had a preferential right of purchase as compared with Rabi Datt vendee. No other ground for claiming the right of pre-emption was pleaded in the plaint.

(2.) RABI Datt defendant resisted the suit pleading that after the purchase but before the institution of Civil Suit No: 55 of 1947 he had become a 'biswedar' in village Chhara.

(3.) ON the pleadings of the parties the following issues were fixed: 1. Have the plaintiffs a superior right to pre-empt the sale of the land in dispute to that of the vendee? 2. Is the price paid or fixed in good faith? 3. If issue No: 2 is not proved, what is the market value?