ISHAR Vs. SUDESH KUMAR

JUDGEMENT

(1.) THIS is an appeal filed by Ishwar and other defendant-appellants against the judgment dated 11th April, 1969, of Shri Banwari Lal Singal, I Additional District judge, Karnal, by which he dismissed their appeal against the judgment dated 14th August, 1967, of the Subordinate Judge First Class, Karnal, who passed a decree for possession by pre-emption of the land on payment of Rs. 17,309. 50, in favour of the plaintiff against them i. e. defendants.

(2.) THE facts of this case are that the land in suit measuring 126 Kanals 16 Marlas situated in the area of village Bir Amin tehsil Karnal belonged to Dial Chand who sold the same to the defendant-appellants for Rs. 15,374. 50 on the basis of a registered sale deed, dated 29th April, 1964. The plaintiff Sudesh Kumar who is the son of the vendor filed a suit for possession by pre-emption of this land on payment of Rupees 11,374. 50 alleging that he being the son of the vendor had a preferential right of pre-emption to that of the vendees and that the sale took place for Rs. 11,374. 50 and the remaining amount was entered in the sale deed fictitiously to deter the pre-emptors.

(3.) THE defendants contested this suit. It was alleged that the plaintiff was not the son of the vendor and had no right to file a suit. They averred that the suit was barred by limitation and that it was a benami suit and the plaintiff was being financed by the vendor for maintaining the suit which may be dismissed. The sale was alleged to have taken place for Rs. 15,374. 50. They claimed Rupees 2,000/spent by them on improvements made by them. Besides this they claimed expenses incurred by them on the execution and registration of the sale deed. On the pleadings of the parties the following issued were framed by the trial Court:-