JIT SINGH Vs. MANGAL SINGH

JUDGEMENT

(1.) On 18th November, 1965, Bhajan Singh, defendant No. 4, sold 760/4301th share of 430 Kanals 2 Marlas in village Umri, District Karnal, for Rs. 16,000/-, to Jit Singh and his brothers Sarwan Singh and Nazar Singh, defendants 1 to 3. A suit for pre-emption was brought by Mangal Singh on the basis that he was a co-sharer in the land sold and, therefore, had a superior right of pre-emption. He also alleged that the real sale-price was Rs. 12,000/- and not Rs. 16,000/- as mentioned in the sale-deed.

(2.) The suit was resisted by two of the vendees namely, Jit Singh and Sarwan Singh. They denied the right of pre-emption of the plaintiff. It was also said that the suit was time-barred. Several other pleas were also taken with which we are not concerned in this second appeal.

(3.) In the trial Court, ex parte proceedings were taken against Nazar Singh, defendant No. 3, one of the vendees. The said Court decreed the suit on payment of Rs. 17,029.75, Rs. 1,029.75 being the expenses of the sale-deed and its registration. Ex parte decree was passed against Nazar Singh also.