NORATA Vs. CH BALDEV SINGH

JUDGEMENT

(1.) This regular second appeal is directed against the judgment of the learned District Judge, Ambala, dated January 2, 1973, vide which the appeal filed by Norata against the judgment of the Sub-Judge, Ambala, was dismissed.

(2.) The facts of the case, briefly stated, are that Mohinder Singh, Sukhnidhan Singh and Jaswant Singh sons of Dial Singh had sold their land measuring 614 Kanals-16 marlas, situated in village Fatehpur, Tehsil Naraingarh, District Ambala, for Rs. 78,500/- to the defendant-vendees. The appellant claimed that out of the land sold by Mohinder Singh etc., he was tenant on 42 Kanals-14 marlas of land. He, therefore filed a suit for possession of the land under his tenancy alleging that he had a preferential right of pre-emption. He further pleaded that in fact the land had been sold for Rs. 66,500/- but the sale price of Rs. 78,500/- has been entered in the sale deed fictitiously to scare away prospective pre-emptors.

(3.) The suit was contested by the defendants and they inter alia pleaded that Norata had no right to pre-empt the sale of the land, as he had been ordered to be ejected from the land vide ejectment order dated 17.8.1966. They further pleaded that the land in fact had been sold for Rs. 80,000/- and also claimed the expenses on stamps and registration etc. The following issues had been framed by the trial Court :-