DEBI RAM AND ANR. Vs. CHAMBELI AND ANR.

JUDGEMENT

(1.) THIS is an appeal of Debi Ram and his brother Dharam Pal whose claim to pre -empt the suit property measuring 71 kanals and 10 1/2 marlas of agricultural land in village Tilpat of Balabgarh Tehsil in Gurgaon District, has not been accepted by the lower appellate Court.

(2.) THE sale of the suit property was made on 11th of August, 1960 by Smt. Chambeli in favour of her brother's son Daulat Ram for a sum of Rs. 25,000. The Plaintiffs, who assert to be co -sharers in the land, claim a right of pre -emption. It was pleaded by them that the vendee was not in fact the son of the vendor's brother Hari Krishan, and that the price of Rs. 25,000 was not fixed in good faith. The trial Judge found in favour of the Plaintiffs and granted a decree for pre -emption on payment of Rs. 10,000. The learned Senior Subordinate Judge, in appeal, however, found that the Plaintiffs, though co -sharers in the land, did not have a better right of pre -emption than the vendee who was found to be the son of the vendor's brother. The suit of the Plaintiffs was accordingly dismissed.

(3.) BEFORE dealing with the contentions of Mr. Kaushal, it would be well to reproduce the relevant provisions of Section 15 of the Punjab Pre -emption Act. Under Sub -section (1) the right of pre -emption in respect of agricultural land vests - -