SHAM SUNDER Vs. RAM KUMAR

JUDGEMENT

(1.) This is vendees' Regular Second Appeal against the judgment and decree of the Courts below whereby the suit of the plaintiffs was decreed by the trial Court and appeal therefrom was dismissed by Additional District Judge, Rohtak.

(2.) Briefly put the plaintiffs filed suit for possession by way of pre-emption claiming superior right of pre-emption in respect of land sold, vide registered sale deed dated 18.7.1985. According to the plaintiffs, though the sale consideration was, as stipulated in the sale deed. Rs. 84,000/- but in fact, only a sum of Rs. 54,000/- was paid and the remaining amount of Rs. 30,000/- was fictitiously shown in the sale deed so as to scare away the perspective pre-emptor. Defendants put in appearance, filed joint written statement and denied averments of the plaintiffs that they have superior right of pre-emption. The defendants further averred that they are also co-sharers in the suit land since 28.6.1985. They further averred that they were tenants of the suit land since year 1981. The defendants averred that the sale consideration was Rs. 84,000/- and this was also the market value at the time of sale. On the pleadings of the parties, the following issues were framed

(3.) The trial Court, on the basis of evidence, came to the conclusion that the plaintiffs have superior right of pre-emption being co-sharers and so it decided issue No. 1 in favour of the plaintiffs. Under issue No. 2, the trial Court held that the defendants have failed to prove their right of tenancy over the suit land at the time of sale. Issue No. 3 was not pressed and was decided against the defendants. Issue No. 4 was also decided against the defendants. Issue No. 5 was not pressed by the defendants, so the same was decided against the defendants. Resultantly, the suit of the plaintiffs was decreed on payment of Rs. 84, 000/- as purchase money, Rs. 10, 500/- as stamp charges, Rs. 500/- as registration charges and' Rs. 100/- as miscellaneous charges, in all Rs. 95, 100/- less one-fifth of the pre-emption money, already deposited. The court directed the plaintiffs to deposit the remaining amount on or before 30th July, 1990 and in case the same is deposited, the suit shall stand decreed and on the failure of the plaintiffs to comply with this order, the suit shall be deemed to have been dismissed with costs.