OM PARKASH Vs. UDA RAM

JUDGEMENT

(1.) UNSUCCESSFUL plaintiff Om Parkash has filed the present regular second appeal and it has been directed against the judgment and decree dated 2.5.1996 passed by the learned Addl. District Judge, Sirsa, who dismissed the appeal of the appellant by holding that he has no superior right of pre-emption which has been taken away through the amendment in the Punjab Pre-emption Act, 1913 incorporated by the Government of Haryana vide Amendment Act published in the Gazette Notification dated 17.5.1995.

(2.) THE brief facts of the case are that plaintiff Om Parkash filed a suit for possession by way of pre-emption of the land measuring 28 kanals 8 marla being 1/8th share of the land measuring 49 kanals, 15 marlas fully detailed in the head-note of the plaint, situated at village Mammera, Tehsil and District Sirsa along with all rights pertaining thereto. It was averred by the plaintiff that Kasturi Lal, Subhash Chander, Sudesh Rani and Neelam Rani had inherited the suit land to the extent of 1/2 share after the death of Lachhman Dass and that Kasturi Lal had sold the suit land to the defendant-vendees and delivered the possession against a payment of Rs. 25,000/- vide registered sale deed dated 12.7.1991 registered with the Sub-Registrar, Ellenabad, District Sirsa. The plaintiff and his family members had also purchased the land in the same khewat from other legal heirs of Lachhman Dass i.e. Subhash Chander vide registered sale deed No. 363 dated 12.6.1991 registered in the office of Sub-Registrar, Ellenabad and mutation No. 2161 was duly sanctioned in his favour and thus he was a co-sharer in the joint khewat of the suit land. According to the plaintiff, the sale consideration, in fact, was Rs. 25,000/- but to avoid the pre-emption the defendants had got entered a fictitious sale consideration of Rs. 28,000/- in the sale deed which was not binding upon him.

(3.) THE plaintiff filed replication to the written statement of the defendants in which he reiterated the averments of the plaint by denying those of the written statement.