CHANAN SINGH Vs. HARBANS LAL

JUDGEMENT

(1.) This appeal arises out of a suit for pre-emption. Land measuring 15 Kanals situate in village Sair, Tehsil Kaithal, District Karnal, was sold by a registered sale-deed executed on 8th June, 1962, for Rs. 1500/-. The sale was made by defendants-respondents Darshan Lal and Chander Bhan sons of Ishar Dass. Harbans Lal plaintiff-respondent claimed a right of pre-emption on the ground of being a son of Darshan Lal and nephew of the other vendor. Chanan Singh vendee-appellant resisted the suit and pleaded inter alia that he was a tenant under the vendors on the date of sale and the suit, therefore, merited dismissal. Some other pleas were also taken, including that of bar of limitation. On the pleadings of the parties, the following issues were framed :-

(2.) Issue No. 1 was found by the trial Court in favour of the plaintiff and issue No. 2 against the vendee. Issue No. 3 relating to limitation was not pressed by the counsel for the vendee and he made a statement to that effect on 21st December, 1964. Issue No. 4 was hotly contested and it was held thereunder that the vendee was in cultivating possession of the land at the time of sale. Issue No. 5 was also given up by the defendant-vendee but issue No. 6 was found in his favour. In view of the findings on issue Nos. 4 and 6, the plaintiff's suit was dismissed.

(3.) An appeal by the plaintiff succeeded with the Additional District Judge who held that the vendee was not proved to be a tenant and that the suit was not collusive. Since the plaintiff, being the son of one of the vendors, had admittedly a superior right of pre-emption, the suit was decreed. The defendant-vendee has now come up in second appeal to this Court.