HASSAN MOHAMMAD Vs. RESHAM

JUDGEMENT

(1.) THIS Regular Second Appeal has been filed by the plaintiffs against the judgment and decrees of the Courts below, whereby the suit filed by the plaintiffs was dismissed by the Trial Court and the appeal filed by them was also dismissed by the learned Additional District Judge.

(2.) THE plaintiffs had filed a suit for possession by way of pre-emption of the land measuring 35 kanals 1 marla on payment of Rs. 15,000/- as pre-emption money, with the allegations that the defendant Nos. 2 to 8 (vendors) had sold the suit land vide sale-deed dated 28.5.1973 in favour of defendant No. 1 Smt. Resham for an ostensible consideration of Rs. 27,000/-. It was alleged that in fact, only Rs. 15,000/- were paid by defendant No. 1 to defendant Nos. 2 to 8 and the market value of the land was also not more than Rs. 15,000/- and that no notice of the sale of the suit land was given to the plaintiffs, who are the tenants over the suit land since the time of their father Handal, who died about four years back and as such the plaintiffs had a superior right of pre- emption to pre-empt the said sale. The suit was contested by defendant No. 1 (vendee) by filing the written statement alleging therein that the plaintiffs were not the tenants over the suit land and the sale was for Rs. 27,000/- and the sale consideration was actually paid and fixed in good faith.

(3.) I have heard the learned counsel for the parties and have gone through the record carefully.