BAGHA RAM Vs. VIDYA DEVI

JUDGEMENT

(1.) PLAINTIFF -Bagha Ram is in second appeal against the judgment and decree dated 13.10.1988 passed by District Judge, Sirsa whereby judgment and decree dated 20.05.1988 passed by Senior Sub -Judge, Sirsa has been reversed. Brief facts of this case are that plaintiff -Bagha Ram filed a suit for possession by way of pre -emption on the ground that vendor Karam Chand sold 3 Kanals 6 Marlas of land in Rect. No. 44/2/2 (1 -18) and Killa No. 37/23/1 (1 -8) situated in village Moujdin along with rights appurtenant thereto in favour of defendant Smt. Vidya Devi vide registered sale deed dated 26.11.1985. Plaintiff claimed that in fact real sale consideration was only for Rs. 20,000/ -, but in order to defeat right of pre -emption of the plaintiff/appellant, a fictitious sale consideration of Rs. 24,500/ - was got recited in the sale deed. Plaintiff claimed superior right of pre -emption against the defendant -vendee who is a stranger.

(2.) DEFENDANT contested the suit on all customary pleas. Superior right of the plaintiff for pre -emption was declined. Suit was claimed to be not maintainable. After filing replication by the plaintiff, trial Court framed the following issues: -

(3.) WHETHER the suit is bad for partial pre -emption? OPD.