SURAT SINGH Vs. RAM PHAL

JUDGEMENT

(1.) This is a regular second appeal filed by Surat Singh, Chand Ram and Maha Singh plaintiffs against the judgment dated May 27, 1965 of the District Judge, Rohtak, dismissing their appeal against the judgment dated April 30, 1964 of the Sub-Judge Ist Class, Sonepat, whereby he dismissed their suit against the defendants with costs.

(2.) The facts of this case are that land measuring 49 Kanals 9 Marlas fully described in the plaint and situated in the area of village Guhna, Tehsil Sonepat, belonged to Deepa, who gifted the same in favour of Ram Phal defendant on the basis of registered gift deed dated November 22, 1962. Surat Singh, Chand Ram and Maha Singh plaintiffs filed a suit for possession of 22 Kanals 16 Marlas of land out of this land on the allegations that they were tenants under Deepa of this land, that their right of pre-emption was superior to that of Ram Phal, who was a stranger, that as a matter of fact the transaction in dispute was a sale but with a view to defeat their right of pre-emption it was described as a gift. According to them the value of the land measuring 22 Kanals 16 Marlas of which they are tenants was Rs. 2,000/- only.

(3.) Ram Phal defendant contested this suit and he denied the allegations made in the plaint. He pleaded that the transaction in suit was a gift and, therefore, no suit for pre-emption lies and that the suit was not maintainable being for partial pre-emption and the same may be dismissed. On these pleadings of the parties, the following issues were framed by the trial Court :-