WARYAM SINGH Vs. SADHU SINGH

JUDGEMENT

(1.) Facts giving rise to this regular second appeal may briefly be stated. Sadhu Singh major and Bhag Singh and Ram Singh minors sons of Lachhman Singh instituted the present suit for pre-emption of a sale effected by their father Lachhman Singh in favour of Waryam Singh, Nazar Singh, Chhotta Singh and others. The registered sale-deed Exhibit D.1 shows that the sale had been effected for a sum of Rs. 34,000/-. The trial Court decree the suit on payment of Rs. 31,825/- only. The vendees took the matter on appeal claiming payment of the whole of the consideration of Rs. 34,000/- mentioned in the sale-deed. The learned Additional District Judge, Shri Raghbir Singh, however, did not agree with the vendees' contention. Both the Courts held that the sum of Rs. 2,175/- mentioned in the sale-deed to have been received, was not proved to have been paid by the vendees.

(2.) On appeal, the learned counsel for the appellants has submitted that the conclusion of the lower Appellate Court is wrong in law and that full consideration of Rs. 34,000/- has been amply established on the record.

(3.) The sale-deed Exhibit D.1, dated 2nd June, 1960 recites that on 16th March, 1960, a sum of Rs. 12,000/- had been received by the vendor in the form of advance or earnest. A sum of Rs. 5,000/- had been received by means of a receipt on 2nd May, 1960. Rs. 3,500/- are stated to have been left with the vendees for payment to Sadhu Singh Lambardar from whom this amount had been taken on loan as per promissory note dated 1st June, 1960 for payment of taccavi regarding construction of house. A sum of Rs. 2,175/-, the amount which is now in controversy, is stated to have been received in cash on 2nd June, 1960 for depositing the taccavi amount. All other amounts which were received prior to 2nd June, 1960, are also evidenced by receipts, but the amount of Rs. 11,325/- received before the Sub-Register and the amount of Rs. 2,175/- received on the date of the execution of the sale-deed prior to the said execution are not supported by any separate receipts except by the recital in the deed itself. Of course, Rs. 11,325/- were actually received in the presence of the Sub-Registrar and there is an endorsement to that effect made on the back of the sale-deed.