RAM LAL Vs. JAGDISH SINGH

JUDGEMENT

(1.) THE plaintiff-appellants filed a suit for possession by way of pre-emption on the premises that they were not tenants over the suit land measuring 46 kanals 3 marlas as described in the plaint and situated at village Jahangirpur, Tehsil and District Ambala and that the owners sold away the said land to the defendants upon ostensible sale consideration of Rs. 70,000/- vide registered sale deed dated 16.6.1983, whereas, in fact only an amount of Rs. 46,000/- was passed on as consideration between the parties.

(2.) THE defendant-respondents have contested the suit and have denied the allegations categorically to the effect that the plaintiff-appellants were ever the tenants of the erstwhile owner. However, it has been stated that in fact father of the plaintiffs was the tenant but the plaintiffs never ever came to be tenants over the suit land. Entries in the khasra-girdawaries showing the plaintiffs to be in possession of the suit land as tenants have not been admitted.

(3.) THE trial Court has given a finding in favour of the plaintiffs to the effect that they were tenants at the time of the sale and at the time of filing of the suit. Thus, in view of Section 15 of the Punjab Pre-emption Act, they have preferential right, of pre-emption. Pursuant to this finding, the suit filed by the plaintiff-appellants has been decreed by way of judgment and decree dated 16.12.1986. Decree for possession has been granted by way of pre-emption subject to payment of Rs. 79,350/- less 1/5th pre-emption amount already deposited, on or before 16.1.1987. In case of default of deposit of money the suit shall stand dismissed.