GURDIAL SINGH Vs. SEWA SINGH

JUDGEMENT

(1.) IN order to appreciate the contentions raised by the learned counsel for the appellants in this regular second appeal a few facts may be narrated.

(2.) MAKHAN Singh, Joginder Singh, Mohinder Singh and Meja Singh agreed to sell the land in dispute to Sewa Singh, Kirpal Singh and Phoola Singh by an agreement dated 15-4-1959 for a sum of Rs. 11,000/-, Rs. 3,600/- were paid under the agreement. The sale deed was to be executed till 20-5-1959 which was not executed. Sewa Singh etc. vendees in the agreement then filed a suit for specific performance of the agreement of sale on 22-10-1959. This suit was decreed on 29-8-1960 and ultimately the appeal of Makhan Singh etc. was dismissed by the high Court on 5-1-1965. In accordance with the directions of the High Court, the sale deed was executed on 15-1-1966. The appellants in this appeal who, are the sons of the vendors, the filed a suit for pre-emption pre-empting the sale of the land to Sewa Singh and others. This suit was resisted by Sewa Singh and others, respondents and the controversy between the parties was resolved in 10 issues. The plea taken by the respondents in the written statement was that they were tenants of the land in dispute at the time of the sale and, therefore, the plaintiffs had no superior right of pre-emption regarding the land in dispute. This controversy is the subject matter of the suit in question. The learned trial Judge decided issue No. 6 in favour of the plaintiffs whereas the learned Lower Appellate court reversed the finding of the learned trial Court on this issue and found the said issue against the plaintiffs as a result thereof the suit was dismissed.

(3.) THE controversial issue therefore is issue No. 6 which is as under-" whether the defendants are tenants at will under the vendors at the time of the sale and if so to what effect?" the findings of Lower Appellate Court on the remaining issues have not been assailed before me and as such the same are affirmed.