ZORA SINGH Vs. LAXMI NARAIN AND OTHERS

JUDGEMENT

(1.) The present regular second appeal has been directed against the judgments and decrees passed by the courts below whereby the suit filed by Laxmi Narain and others (respondents) for possession through pre-emption has been decreed.

(2.) Laxmi Narain and others, plaintiffs-respondents filed suit for possession through pre-emption of land measuring 38 Kanals 12 Marlas on the premise that Lakhmi Ram son of Jot Ram sold the suit land in favour of defendant No. 1 through registered sale deed dated 12.10.1983 along with all rights pertaining thereto for a consideration of 15,000.00 without any notice to the plaintiffs. As the plaintiffs are the co-sharers in the joint khewat, they have a superior right of pre-emption as against the defendant.

(3.) The defendant filed the written statement and raised the plea that sale took place for consideration of 22,000.00 out of which 7,000.00 were paid at the time of agreement dated 11.10.1983 and the remaining amount before the Sub Registrar at the time of sale. In case the suit is decreed in favour of the plaintiffs, he is entitled to stamps and registration expenses and also 15,000.00 for an improvement which he made after purchase of the suit land. He also raised certain objections with regard to cause of action, maintainability and locus standi of the plaintiffs to file the suit.