SUHAN BAI ALIAS SOHU BAI Vs. SURJAN SINGH

JUDGEMENT

(1.) THIS appeal is directed against the judgment and decree dated 7-12-1990 passed by the Additional District Judge, Hissar, by which the appeal of the defendant-appellant was dismissed and the judgment and decree dated 26-10-1989 passed by the trial Court (decreeing the suit of the plaintiff-respondent) was upheld.

(2.) BRIEFLY stated, the case of the plaintiff-respondent is that Radhey Sham sold the suit land, bearing khasra Nos. 63/7/2 (3-7), 8/1 (1-7) and 14 (8-0), total measuring 12 Kanals- 14 Marlas, in favour of the defendant-appellant, vide registered sale deed dated 13-1-1986, without any notice to the plaintiff-respondent or the other co-sharers. The plaintiff-respondent, being a co-sharer in the joint khewat, claimed superior right of pre-emption and has stated that the suit land has not been partitioned so far ; that the actual sale price is Rs. 40,000/- ; and that the consideration amount of Rs. 42,000/-, as shown in the sale-deed, is fictitious.

(3.) THE suit was contested by the defendant-appellant who denied the superior right of pre-emption of the plaintiff-respondent. The defendant-appellant claimed that she belongs to a Mahtama community and a sale in favour of Mahtamas cannot be pre-empted.