KUNDAN SINGH Vs. ARJAN SINGH

JUDGEMENT

(1.) THIS is a vendee's second appeal against the decision of the learned Additional District Judge, Amritsar, reversing on appeal the order of the trial Court dismissing the pre-emptor's suit.

(2.) THE only point that has been argued before me by the learned counsel for the appellant is one of waiver and the facts of the case relevant for that purpose are these. On 21st March, 1963, Shrimati Dhanno wife of Tarlok Singh sold agricultural land measuring 72 Kanals 4 Marlas, situate in village Jhita Khurd, District Amritsar, to Kundan Singh for Rs. 12,000/ -. This land was under mortgage with possession for Rs. 6424/- and the same was gifted to the vendor by her brother Ajiaib Singh in November 1953. Arjan Singh, son of the vendor, brought a suit for pre-emption.

(3.) ON the pleadings of the parties, a number of issues were framed, but we are concerned with only two them, namely, issues Nos. 8 and 9, which are as follows: