DARSHAN SINGH Vs. BOHAR SINGH

JUDGEMENT

(1.) This is a second appeal filed by Darshan Singh plaintiff against the judgment dated 13.11.1968 of the Additional District Judge, Ferozepur dismissing his appeal against the decree dated 20.12.1967 of the Sub-Judge IInd Class, Zira dismissing his suit for possession by pre-emption of the land in suit against the defendants.

(2.) The facts of this case are that the land in suit measuring 65 Kanals 13 Marlas fully described in para of the plaint situated in the area of village Mallan Wala, Tehsil Zira belonged to Uttam Singh and Surjan Singh, who sold the same for Rs. 16,000/- to Bohar Singh, Gurcharan Singh and Angrez Singh on the basis of a registered sale deed dated 10.6.1966. Darshan Singh plaintiff, who claimed to be a tenant under the vendors of 32 Kanals 11 Marlas of land out of the land in suit filed a suit for possession by pre-emption of this land on payment of Rs. 4,000/- on the allegations that his right of pre-emption was superior to that of the vendees, who were strangers and the market value of this land was Rs. 4,000/- only. The suit was contested by the vendees, who denied that the plaintiff had a superior right of pre-emption. On these pleadings of the parties, the following issues were framed by the Subordinate Judge :-

(3.) The Subordinate Judge decided issue No. 1 against the plaintiff. He did not decide issue No. 2 and in view of the decision on issue No. 1, the suit of the plaintiff was dismissed and the parties were left to bear their own costs. Feeling aggrieved, Darshan Singh plaintiff filed an appeal against this decree in the Court of the District Judge, Ferozepur, which was dismissed by the Additional District Judge on 13.11.1968. Darshan Singh plaintiff then filed this appeal in the High Court.