RAM CHANDER AND OTHERS Vs. AMAR SINGH

JUDGEMENT

(1.) THIS an appeal filed by Ram Chander and other defendants against the judgment dated 9th December, 1970, of Shri N.S. Rao, Additional Sessions Judge, Karnal, dismissing their appeal against the judgment and decree dated 15th June, 1970 of Shri N.K. Jain, Sub Judge Second Class, Kaithal, passed for possession by pre -emption of land in suit on payment of Rs. 37,352/ - against them in favour of the plaintiff.

(2.) THE facts of this case are that the land in suit measuring 232 Kanals 12 Marlas belonged to Ram Sarup who sold the same to Ram Chander and other defendants appellants for Rs. 34,390/ - on the basis of a sale deed dated 12th April, 1966. Amar Singh Advocate who is the son of the vendor filed suit for possession by pre -emption of this land on payment of whole of the sale price on the allegation that being the son of the vendor he had a superior right of pre -emption. The defendants contested the suit on various grounds and the following issues were framed by the trial Court: -

(3.) It is admitted that Ram Chander, Hukan Chand and Multan Singh appellants Nos. 1 to 3 are minors and the trial Court had appointed Ahlmad of its Court as the guardian ad litem durins the pendency of the suit. After passing of the decree by the trial Court the vendees filed any appeal in the Court of the District Judge and the memorandum of appeal and the Vakalatnama etc. were signed by 9 major vendees and that on behalf of the minors these were signed by the Stenographer to the Sub -Judge Second Class, Kaithal as their next friend/guardian and it is also admitted that the Stenographer of that Court was never appointed as guardian ad litem of the minors and that the Ahlmed of that Court was appointed as their guardian. It appears that the this Stenographer had appeared in the trial Court on one hearing that is, 10th May, 1970, on their behalf but on subsequent hearings the Ahlmad who was the guardian ad litem had been appearing on behalf of the minor vendees.