PRABHU Vs. SMT. ANARO DEVI

JUDGEMENT

(1.) CIVIL Suit No. 505 of 1985 was brought before Sub Judge 1st Class, Gurgaon (for short as 'the trial Court') by Smt. Anaro Devi against the appellant and one Ram Chander to seek possession of the suit property, as fully described in the headnote of the plaint, by way of pre -emption. It was pleaded in suit by the plaintiff that 2nd defendant (Ram Chander) had sold the suit property to defendant No. 1 (Appellant herein) secretly without her knowledge and without notice to her, vide sale deed dated 20.07.1983 for an ostensible sale consideration of Rs. 12,000/ - whereas actual sale price was Rs. 7,000/ - only and it was exaggerated to Rs. 12,000/ - only to defeat right of pre -emption available to the plaintiff. According to the case of the plaintiff, she was entitled to pre -empt the sale, being a co -sharer, but the defendants did not accede to her repeated requests to admit her claim. This forced her to approach the Court of Law.

(2.) THE suit was contested by the 1st defendant, the vendee, who by filing a written statement came out with preliminary objections, inter alia, to the effect that pre -emption amount was not deposited in time; the suit was barred by limitation; it was not maintainable in the present form and plaintiff was estopped by her own act and conduct, from filing the suit; it was collusive and benami and had been filed at the instance of Gopi Ram, husband of the plaintiff; it was not properly valued for the purpose of court fee and jurisdiction; sale was not pre -emptiable as the suit property was situated within the village abadi; 2nd defendant had purchased the suit land by specific performance of an agreement of sale dated 12.06.1969; and that the decree passed in the suit for specific performance was binding upon the plaintiff and also operated as res judicata as the plaintiff was a party to that suit.

(3.) BY bringing a replication, plaintiff controverted what was stated in the written statement and reiterated her plea as contained in the plaint. Pleading of the parties gave rise to the following issues: -