NIHAL SINGH Vs. RAM CHANDER

JUDGEMENT

(1.) THIS second appeal by the Defendant arises out of the appellate judgment of the District Judge Narnaul, dated 8 -8 -2006 reversing the order of the Sub -Judge 2nd Class, Bawal rejecting the plaint under Section 22 Sub -clause (iv) of the Punjab Pre -emption Act. By a registered document dated 17 -10 -2004 one Dunga s/o Ran Mai of village Kanina sold 8 bighas 19 biswas of agricultural land for Rs. 700/ - to Nihal Singh Defendant and the present suit for pre -emption was brought by Ram Chandar pn 24 -11 -2004. On 8 -12 -2004 the trial Sub -Judge made the following order which was apparently under Section 22 Clause (i) "Zar -i -khamas vakil muddayi - 15 -12 -2004 tak dakhil karey." As. only Rs. 270/ - were paid before the Sub -Registrar it was alleged in the plaint that the sale had, in fact, taken place for that amount only and that Rs. 430/ - had been added fictitiously. A decree for possession on payment of Rs. 270/ - was consequently prayed for. In the order of the Sub Judge dated 8 -12 -2004 it was not specified whether the Plaintiff was to deposit 1/5th of the sale price as given in the document of sale or 1/5th of what the Plaintiff himself admitted to be the sale price.