HAZARI LAL AND OTHERS Vs. FALKU AND ANOTHER

JUDGEMENT

(1.) ON 19th June. 1965, by a registered -deed, Gian Chand and 19 others sold agricultural land, measuring 103 Bighas and 7 Biswas, being 1/3rd of 310 Bighas and 1 Biswa situate in village Kamoda, District Karnal, to Dalip Singh and 5 others, for Rs. 17,700/ -. On 20th August, 1965, the vendees sold this very land along with some other property to Hazari Lal and 6 others. On 28th May, 1966, a suit for pre -emption was brought by Falku and Shana Ram, minor, regarding the sale dated 19th June 1965. The plaintiffs claimed pre emption on the ground that Mehnga Ram and Bhagat Ram, their fathers, were amongst the vendors of this property. It was further alleged by them that the sale in fact had taken place for Rs. 15.000/ - and this was the amount, which was actually paid to the vendors. According to them, the market value of the property was also the same.

(2.) THE suit was registered by Hazari Lal and others the subsequent vendees. They denied the relationship claimed by the plaintiffs and also pleaded that the sale had taken place for the amount mentioned in the sale -deed.

(3.) AGGRIEVED by this decision, Hazari Lal and others went in appeal before the learned Additional District Judge, Karnal. He was of the view that the plaintiffs were not entitled to pre -empt the entire sale, because their right of pre -emption extended to the share of their fathers, as also of their uncles, in the property sold and all of them were admittedly the vendors. As a result, he decreed the suit to the extent of Rs. 1196/4120th share in the property sold on payment of the proportionate sale consideration of Rs. 15,700/ - which came to Rs. 5136.23 plus Rs. 1157.25 on account of expenses for execution and registration of the sale -deed. Against this decision, the present second appeal has been filed by Hazari Lal and others.