AMAR SINGH Vs. ASHOK KUMAR

JUDGEMENT

(1.) THIS is a second appeal filed by Amar Singh alias Ram Saran and Nihal Singh sons of Dibu, resident of village Sundawas, District Hissar, against the judgment dated 24th March, 1971, of the Senior Sub-Judge, Hissar, dismissing their appeal against the decree dated 12th January 1971, passed by Sub-Judge II Class, hissar, against them for possession by pre-emption of the land in suit, in favour of the plaintiff against them on payment of Rs. 20,552. 50.

(2.) THE facts of this case are that Jagmal Singh and others were owners of the land in suit measuring 71 kanals and 16 marlas, fully described in the plaint, situated in the area of village Siswal, Tehsil and District Hissar and they sold the same on the basis of a registered sale deed dated 16th May, 1967, for Rupees 22,000/-, to the appellants Amar Singh, Ram Lal and Nihal Singh. Ashok Kumar son of Inder Singh vendor filed this suit for possession by pre-emption of this land on payment of rupees 17,500/- alleging that he being the son of Inder Singh vendor, the nephew of Om Prakash, Jagmal Singh, Diwan Singh, Sohan Singh, Ved Parkash, Smt. Mahli and Savitri and the grandson of Mst. Dakhan vendor, had a superior right of preemption than the vendees, that the sale took place only for Rupees 17,500/- and the remaining amount was fictitiously entered in the sale deed to defeat the rights of the pre-emptors. The suit was resisted by the vendees on various grounds. On these pleadings of the parties, the following issues were framed by the trial court:-1. Whether plaintiff has a preferential right of pre-emption ? 2. Whether the sale price of Rupees 22,000/- was actually paid or fixed in good faith ? 3. If Issue No. 2 is not proved what is the market value of the suit land ? 4. Whether vendees incurred expenses of stamp and registration of the sale deed, if so, how much and to what effect ? 5. Whether defendants have made improvements in the suit land after sale, if so, to what value and to what effect ? 6. Whether suit is barred by time ? 7. Whether suit is benami or collusive with vendors ? 8. Relief.

(3.) THE trial Court decided issue No. 1 in favour of the plaintiff. It was held that the sale took pace for Rupees 19,000 and the same was the market value of the land and decided Issues Nos. 2 and 3 accordingly. The vendees were held to be entitled to Rupees 552. 50 spent by them on the execution of the sale deed. The issues No. 5, 6 and 7 were decided against the vendees. As a result, the decree for possession by pre-emption of the land in suit on payment of Rupees 20,552. 50, was passed in favour of the plaintiff against the vendees. Feeling aggrieved, the vendees filed an appeal against this decree in the Court of the Senior Sub-Judge, hissar, who dismissed the same on 24th March, 1971. Thereafter this second appeal was filed of this Court.