DHARAM SINGH Vs. RAM CHANDER

JUDGEMENT

(1.) The plaintiff-respondents claim for possession of land by pre-emption having been decreed by both the courts below, the defendant has come in the present second appeal. A few facts may be noticed.

(2.) Rai Kumar etc. were owners of the land measuring 14 Kanals 3 Marlas, which was their 1/6th share out of a total holding of 85 Kanals 3 Marlas. On April 26,1977, this land was sold by Raj Kumar etc. to Dharam Singh for an amount of Rs. 2,000/-. Two suits for pre-emption of this sale were filed by Ram Chander and Brij Mohan, respectively. Ram Chander sought pre-emption of the sale as a co-sharer, while Brij Mohan claimed it as a brother of the vendor. Since under the law, as it then existed, the brother had a superior right of pre-emption than a co-sharer, the suit filed by Brij Mohan was decreed. Soon thereafter on April 10, 1978, Brij Mohan exchanged the said land measuring 14 Kanals 3 Marlas with Dharam Singh for a piece of land. Simultaneously the said piece of land which he had got by way of exchange was sold by Brij Mohan to the brothers of Dharam Singh, viz., Partap Singh etc. Ram Chander claiming that he was a co-sharer filed a suit for possession by way of preemption.

(3.) The suit was contested by the defendant/appellant on the ground that there was no sale and that in fact there was only an exchange, which did not amount to sale and, therefore, the claim for pre-emption was untenable.