SARUPA Vs. SUBHASH

JUDGEMENT

(1.) Baru was the original owner of the suit land. After his demise, the land was inherited by his wife, Korde. Respondent No. 2. Sunehri is daughter of Korde and Baru. After Korde's death, Sunehri inherited this land on 6.10.1977. She sold it to the appellants vide sale deed dated 6.6.1980 for a sum of Rs. 1,03,000/-. Respondent No. 1. Subhash, filed a suit for pre-emption, claiming preferential right to this land, being son of Sunehri.

(2.) As the suit was contested by the appellants-vendees, trial was held in respect of the following issues:-

(3.) The trial court recorded findings in respect of all the issues in favour of Subhash-respondent and decreed the suit in his favour subject to payment of Rs. 1,16,425/- (including stamp and registration charges), less the 1/5th pre-emption money already deposited. Under issue No. 1, it was held that the impugned sale was governed under Section 15(1)(a) of the Punjab Pre-emption Act (to be referred as 'the Act').