BISHAN SINGH Vs. KHAZAN SINGH

JUDGEMENT

(1.) THIS and No. 130 of 1952 are two connected appeals arising out of the appellate decree of the Additional District Judge Faridkot in a suit for pre -emption which had been dismissed by the trial Court. The Plaintiffs have been held entitled to possession of 3/7th share in the land in dispute on payment Of Rs. 16,119/ -/ -. The salient facts may be shortly stated.

(2.) BY a sale -deed executed on 26 -8 -1949 but registered on 15 -2 -1950 Ram Nath and four Ors. Defendants 3 to 7 sold 179 kanals 2 marlas of agricultural land in village Bandar Jatana for Rs. 37,611/ -/ - to Sarwan Singh and Saudagar Singh Defendants 1 and 2. Bishan Singh and three Ors. Defendants 8 to 11 claiming to be owners in the Patti in the estate within the limits of which the property sold was situate and, therefore, having a superior right than the vendees who were strangers brought a suit (No. 14) on 26 -8 -1950, to pre -empt that sale. A consent decree was passed in their favour on 23 -1 -1951 subject to the condition that they paid Rs. 37,611/ -/ - to the vendees by 27 -4 -1951 failing Which the suit would stand dismissed. The decree -holders deposited Rs. 1700/ -/ -on 6 -1 -1951 and the balance on 23 -4 -1951.

(3.) WHAT is the market -value of the property in V," dispute? O.P. on Plaintiffs.