DARSHAN SINGH Vs. NAND SINGH

JUDGEMENT

(1.) The defendant has preferred the present regular second appeal against the judgment of reversal, whereby the suit for pre-emption filed by plaintiff Nand Singh was decreed by the First Appellate Court after being dismissed by the Trial Court.

(2.) For convenience, parties are referred to as per their status before the Trial Court. The record of the Trial Court has been examined with assistance from learned counsel on both sides.

(3.) The facts are that Surinder Pal Singh and others sold agricultural land measuring 73 kanal 7 marla situated at village Nilianwali, Tehsil Dabwali, District Sirsa, to defendant Darshan Singh vide sale deed dtd. 25/5/1988 (Ex.D1) for consideration of Rs.1,51,500.00. Claiming himself to be a co-sharer in the khewat, plaintiff Nand Singh instituted the present suit for pre-emption on the ground that the vendee was a stranger to the khewat and that no notice was given to him before the sale. He further alleged that the Khasra Girdawari entries for crop 1987 and Rabi 1988 showing possession of vendee defendant were manipulated to defeat his pre-emption rights and that the actual sale price was Rs.1,41,500.00, inflated in the deed to Rs.1,51,500.00.