REHMAT Vs. SARAB KHAN AND ORS.

JUDGEMENT

(1.) This was an appeal assailing the judgment and decree dated 08.04.1986 passed by the Subordinate Judge II Class, Gurgaon and judgment dated 10.03.1987 passed by the District Judge, Gurgaon, whereby the suit for possession by preemption filed by appellant/plaintiff -Rehmat Khan was dismissed.

(2.) The facts gained from the record are that Smt. Lajwanti wife of Piare Kishan was the owner of agricultural land measuring 13 Kanals 3 Marlas (detail of which was given in Para No.1 of the plaint) situated within the revenue estate of village Jhimarawat Tehsil Ferozepur Jhirka, District Gurgaon, as per the Jamabandi for the year 1977-78 and Khasra Girdawari for the period Kharif 1981 to Kharif 1983 (hereinafter referred to as the suit land). She sold the suit land to Sarab Khan and another respondents/defendants vide registered sale deed dated 01.09.1983 for a consideration of Rs. 16,000/-.

(3.) Appellant/plaintiff- Rehmat claiming to be in occupation of the suit land as a tenant, filed the instant suit for possession by pre-emption alleging that the suit land was sold by Smt. Lajwanti secretly and without notice to him. He also pleaded that the sale consideration of Rs. 16,000/- incorporated in the sale deed was a fictitious amount. The sale price was neither fixed in good faith nor was actually paid to the vendor by the vendees. The market value of the suit land was not more than Rs. 10,000/- at the time of sale. The appellant alleged that being a tenant in occupation of the suit land and the defendants being strangers, he had a superior right to pre-empt the sale and a prayer to the said effect was made by him.