BHAGWAN SINGH Vs. KASHMIR SINGH

JUDGEMENT

(1.) The only question involved in this second appeal is whether the suit was for partial pre-emption. The trial Court dismissed the same holding it to be so. The learned Additional District Judge, on appeal, reversed that finding and also allowed amendment in the plaint so as to include the entire property, which was the subject-matter of sale. The suit was decreed on payment of Rs. 11,247/- to the vendees, Rs. 1,247/- being the expenses spent by them on stamp and registration of the sale-deed.

(2.) On 15th June, 1964, Gurmukh Singh sold agricultural land, measuring 39 Kanals 5 Marlas, situate in village Nag Khurd, District Amritsar, to Bhagwan Singh and his two brothers Asa Singh and Mehar Singh for Rs. 10,000/-. On 11th June, 1965, Kashmir Singh, son of the vendor, filed a suit for pre-emption. In the heading of the plaint, he stated -

(3.) The objection raised by the vendees in the written statement was only this that the suit was for partial pre-emption and liable to be dismissed on that score alone. It was not however, stated as to how it was so. While giving evidence as D.W. 5, one of the vendees Bhagwan Singh did not say anything with regard to this objection in examination-in-chief, but in cross-examination by the pre-emptor all that he stated was :