SUNDRA Vs. HARNAM SINGH

JUDGEMENT

(1.) On 4th of June, 1980, a sale deed was executed and was presented for registration and it was actually entered in the book of registration on 11th of June, 1980. The vendor was Gurcharan Singh, son of Harbans Singh son of Mangal Singh. 87 Kanals 5 Marlas of land was sold for Rs. 1,33,593. The names of the vendees are not being mentioned here purposely and will come in the later part of the judgment. On 4th of June, 1981. Harnam Singh filed a suit to pre-empt the aforesaid sale being father's brother and father's brother's son of the vendor. The last date for filing the suit was 11th of June, 1981. Hence the suit filed was within limitation. In the suit, two vendees were impleaded besides the vendor, as follows:-- 1. Sundra son of Ramji Lal.

(2.) Prem Singh alias Prem Chand son of Sadhu Ram A reading of the plaint shows that the sale was in favour of two vendees and therefore, both were impleaded as defendants. When notice of the suit went to the vendees, they filed written statement on 31st of August, 1981 in which they inter alia raised preliminary objections Nos. 1 and 5 with which we are concerned in this case. The translation of Objection No. 1, is as follows:--

(3.) After hearing the learned counsel for the parties at length, I am of the view that this revision deserves to succeed.