LAWS(P&H)-2007-4-162

OM PARKASH Vs. RAM SINGH

Decided On April 25, 2007
OM PARKASH Appellant
V/S
RAM SINGH Respondents

JUDGEMENT

(1.) THE plaintiff-appellant had filed a suit against Ram Singh and others for possession by pre-emption of agricultural land measuring 19 kanals 11 marlas as fully described in the head note of the plaint.

(2.) IT was claimed by Om Parkash that Ramji Lal as owner in possession of the suit land measuring 19 kanals 11 marlas and fully described in the head note of the plaint, sold the same to vendee-defendants Ram Singh and others for a sum of Rs. 10,000/- (Rs. ten thousand only) though an exaggerated amount of Rs. 15,000/- (Rs. fifteen thousand only) was recorded in the sale-deed as sale price. The sale-deed was registered on 11.12.1979.

(3.) THE suit was contested by the defendants by raising preliminary objections as well as on merit, it was claimed that defendant Nos. 1 to 4 were tenants over the suit land at the time of its sale to them by Ramji Lal. However, the sale by Ramjit Lal to vendee defendants was admitted, however, the relationship of plaintiff with the vendor was denied. It was further claimed that the suit land was in possession of the vendee-defendants as they cultivated the land from Rabi 1975 to Rabi 1979 and it was further claimed that girdawari of the suit land was also entered in favour of father of the vendee i.e. Shri Jug Lal. It was reiterated in the written statement that the sale price of Rs. 15,000/- (Rs. fifteen thousand) as recorded in the sale-deed was fixed in good faith and actually paid. It was claimed that the vendee defendant had incurred expenses on account of registration and stamp charges which was required to be refunded in case the suit was to be decreed.