SOHAN SINGH JIT SINGH Vs. GURTEJ SINGH

JUDGEMENT

(1.) THIS is an appeal under Clause 10 of the Letters Patent and is directed against the decision of a learned Single Judge of this Court. The learned Single Judge confirmed the decision of the lower appellate Court, which in turn had affirmed the decision of the trial Court.

(2.) THE facts are fairly simple. The land in dispute was sold by Ajmer Kaur to Sohan singh, Major Singh and Gurjant Singh, appellants. The sale was pre-empted by harchand Singh, husband of Ajmer Kaur and Gurtej Singh, an adopted son. In the plaint, Gurtej Singh stated that he was the adopted son of Ajmer Kaur.

(3.) THE suit was contested by the defendants and a large number of pleas were raised, but we are now not concerned with them. The only issue that was debated in the Courts below was issue No. 1 that is the right of the plaintiffs to pre-empt the sale.