CHANDU AND OTHERS Vs. GURCHARAN SINGH AND OTHERS

JUDGEMENT

(1.) THAT one Bishakhi was Patedar Dwami of half share in the land measuring 44 kanals 6 marlas situated in village Mohmadpur Tehsil Fatehabad while the other half share was owned by Chandu, Partapa and Sheo Ram. He sold his share of perpetual lessee rights in favour of Gurcharan Singh etc. vendee -respondents vide registered sale deed dated 15th June, 1966 for Rs. 7500/ - Chandu, Partapa and Sheo Ram plaintiff/appellants alleging their preferential right of pre -emption as co -sharer and first cousin, sued the vendee -respondents for possession by way of preemption on payment of Rs. 15441/ -. In the written statement filed on behalf of defendants, it was pleaded that such a sale is not preemptible, because only the lessee's rights were transferred and not the ownership rights which could be preempted. They also claimed expenses of registration and stamp and of improvements.

(2.) ON the pleadings of the parties the following issues were framed: - -

(3.) IF issue No, 3 is not proved, what is the market value 7 OD.