MALKIAT SINGH Vs. SANTA SINGH

JUDGEMENT

(1.) THIS judgment will dispose of Regular Second Appeals Nos. 12 of 1962 and 148 of 1962.

(2.) THESE appeals have been filed against the judgment and decree dated October 5, 1961, of the learned Additional District Judge,, Ferozepore, by which he modified the decree of the trial Court, dated March 22, 1961, and decreed the suit for possession by pre -emption partially. The facts which have given rise to these appeals are that Natha Singh was the owner of the land in dispute who sold the same for an amount' of Rs. 5,000 to Santa Singh by a sale deed dated February 10, 1960. Malkiat Singh filed a suit for possession by pre -emption on the ground that he was brother's son of Natha Singh, vendor and as such had a superior right of pre -emption. He also stated that in fact Rs. 2,000 was the price fixed and paid but in order to avoid pre -emptors the amount of Rs. 5,000 was entered in the sale deed. The Defendant denied the allegations of the Plaintiff and contested the suit. He contended that the, Plaintiff had no superior right of pre -emption as he was a tenant' under the vendor. He also stated that Rs. 5,000 were fixed in good faith and were paid, which was also the market price. Subsequently, it was admitted by the Plaintiff that he did not contest the amount of consideration. The Defendant admitted that the Plaintiff was the brother's son of the vendor and had a right of pre -emption. Therefore, three issues were framed which were as follows: - -

(3.) THE trial Court held that the Defendant was not a tenant under the vendor regarding the suit land at the time of sale and, therefore, the sale in question was pre -emptible. The trial Court on issue No. 2 held that the Plaintiff was not a consenting party. The trial Court, therefore, decreased the suit of the Plaintiff on pay ment of Rs. 5,000.