MOHINDER SINGH Vs. HAR KISHAN

JUDGEMENT

(1.) Mohinder Singh and others have filed this second appeal against the concurrent judgment and decree passed by both the Courts below.

(2.) Shrimati Har Dei, defendant-respondent No. 2, sold her land measuring 11 kanals 6 marlas along with her share in the well in favour of defendant-appellants by means of a registered sale deed dated 11th October, 1972, for Rs. 20,000/-. Har Kishan plaintiff-respondent No. 1 filed a suit for possession by way of pre-emption of the suit land. He alleged in the plaint that he had a superior right of pre-emption because he was a co-sharer in the land in dispute and also was a tenant at the time of sale under the vendor. The claim of plaintiff-resdpondent No. 1 was contested by the vendees. It was pleaded that he had no superior right of pre-emption and that his suit was barred in view of the provisions of Section 15(2) of the Punjab Pre-emption Act besides other objections. The parties contested on the following issues :-

(3.) The trial Court decided issue No. 1 in favour of the plaintiff and held that he had a superior right of pre-emption in land. Issue No. 3 was decided in favour of the plaintiff as no evidence was produced before the Court regarding improvements. Issue Nos. 2 and 4 were not pressed and the same were decided in favour of the plaintiff. Under issue No. 5, it was decided that the vendees spent Rs. 2,212/- on stamp and registration etc. and they are entitled to receive this amount. Issue No. 6 was also decided in favour of the plaintiff and it was held that the suit is within time. Consequently, the suit was decreed by the trial Court subject to the payment of Rs. 22,212/- in all. The vendees unsuccessfully appealed to the first appellate Court. Hence this second appeal by the vendees.