AMAL KUMAR Vs. BHUPINDER SINGH

JUDGEMENT

(1.) This appeal has been filed against the judgment and decree of the Sessions Judge, Karnal, dated January 10, 1972.

(2.) The facts giving rise to this appeal are that Shrimati Charo Shila, widow of Nigendra Nath, sold land measuring 177 Kanals situated in village Bansa, Tehsil and District Karnal, in favour of respondents for a consideration of Rs. 65,000/- vide sale deed, dated January 23, 1968. The plaintiffs instituted a suit for possession by pre-emption on the ground that they were the tenants on the land. The defendants contested the suit and denied the allegation that the plaintiffs were tenants on the land in dispute. They also raised various other pleas which are not necessary for the decision of the appeal as they were given up in the first appellate Court. The trial Court held that the plaintiffs were not the tenants on the land in dispute and consequently dismissed the suit. They filed an appeal before the District Judge, Karnal, who affirmed the finding of the trial Court and dismissed the appeal. The plaintiffs having felt aggrieved from the judgment and decree of the first appellate Court have come up in appeal to this Court.

(3.) The first contention of the learned counsel for the appellants is that the appellants were proved to be tenants on the land in dispute but the learned first appellate Court erroneously held that they were not proved to be so. He has also submitted that the finding of the first appellate Court is vitiated as the Khasra Girdawaris were rejected on the ground that they contravened the standing orders issued by the Financial Commissioner. He further submits that the standing orders have no force of law and if the respondents wanted to rely on them, they should have raised this question in the pleadings. He has also referred to the Khasra Girdawaris relating to Kharif 1967 and Rabi 1968 and has urged that in it the appellants have been shown to be tenants on the land in dispute and there are no sufficient grounds to reject it.