JAI NARAIN Vs. SARUP SINGH

JUDGEMENT

(1.) This is a defendant-vendee's appeal directed against the judgment of the first appellate Court whereby the suit of the plaintiff-pre-emptor was decreed whilst reversing the earlier dissmissal thereof by the trial Court.

(2.) The history of the case deserves detailed notice. The suit land was originally owned by one Surte. On October 24, 1960, he sold the same to one Sher Singh. The present respondent Sarup Singh filed a suit to pre-empt the sale on the ground that he was a tenant upon the said land. The son of the vendor Mange also brought a suit to pre-empt the sale on the ground of his blood relationship. The suit of Sarup Singh, respondent failed on the finding that he was not the tenant of the land at the relevant time and the suit of Mange was decreed. Sarup Singh appealed against that judgment but failed. He then brought regular second appeal No. 878 of 1965 in the High Court, which was dismissed by Mahajan, J. by his order dated November 19, 1965. In this judgment the concurrent finding of the Courts below that Sarup Singh appellant was not a tenant in the suit land was expressly affirmed. It is the case that Mange duly secured possession of the suit land in pursuance of the decree of pre-emption in his favour.

(3.) On July 10, 1967 by a registered deed, Mange above-said then sold the land to Jai Narain (and Jag Ram) appellant. Sarup Singh brought the present suit again on the ground that at the time of its sale, he was a tenant on the said suit land under the vendor. It was further alleged that though, according to the sale deed, the price paid was Rs. 16,000/- but the same was fictitious and the actual price fixed and paid was only Rs. 10,000/-.