JAIRAM Vs. MAHENDER

JUDGEMENT

(1.) The respondent filed a suit for possession, by way of preemption, of agricultural land measuring 7 kanals 10 marlas which had been sold out of a joint khewat comprising 48 kanals 12 marlas area, by the vendor, to the appellant, for a sum of Rs.50,000/- vide registered sale-deed dated 10.6.1991. He claimed a superior right of pre-emption, on the ground of being a co-sharer in the joint khewat.

(2.) The appellant contested the suit, denying the status of the respondent as a co-sharer in the land and on that ground, his superior right of pre-emption. However, he pleaded, that in case of decretal of suit, he was entitled to get the stamp and registration charges of the sale-deed and the improvement charges amounting to Rs. 50,000/-, in addition to the sale price of Rs. 50,000/-. Preliminary objections regarding locus standi of the respondent to file the suit and maintainability of suit in the form it was filed were also taken up, in addition to the pleas of limitation and estopple.

(3.) The trial court held that the respondent was a co-sharer in the land in question and had, therefore, a superior right to pre-empt the sale. Remaining issues were not pressed by the learned counsel for the appellant. The same, too, were, therefore, decided against him and the suit was decreed subject to deposit of Rs. 56767.25 paise (inclusive of stamp and registration charges), excluding the 1/5th pre-emption money already deposited, by 21.6.1992, failing which it was to stand dismissed with costs.