UMRAO SINGH Vs. MUNNI

JUDGEMENT

(1.) THIS is a regular second appeal against the decree and judgment of the Senior Sub Judge, Rohtak, allowing the appeal of one Shrimati Munni respondent and setting aside the decree passed by the Subordinate Judge 1st Class, Jhajjar, in favour of Umrao Singh. This appeal arises out of a contest between two competing pre-emptors. The facts of this case so far as they are relevant for purposes of this appeal are that on 21st of August, 1953, one Manohar Lal Mahajan of Jhajjar for himself and as attorney of his brothers, defendants Nos. 8 to 11, had sold the lend by a registered sale-deed for Rs. 7,500/. This gave rise to two pre-emption suits. Umrao Singh plaintiff-appellant instituted a suit, No. 222 of 1954, on 7th of June 1954, for possession of the property in suit by pre-emption on the ground that he was a co-sharer in the khata in which the land in suit was situated. Besides the vendors and the vendees, one Shrimati munni, the contesting respondent before me, was also impleaded as defendant No. 12. This lady is the mother of the vendors. The second suit, No. 270 of 1954, was brought by Shrimati Munni as the rival pre-emptor claiming possession by way of pre-emption under section 15 (b) thirdly, of the Punjab Pre-emption Act as the heir of the vendors. She also asserted her right of pre-emption on the ground that she was a biswedar. The following issues were framed : 1. Whether the plaintiffs or the rival pre-emptor have a preferable right of pre-emption qua the vendees?

(2.) IF issue No. 1 is proved, whether the plaintiffs or the rival pre-emptor have a preferential right of pre-emption, inter se?

(3.) WHETHER the sale price of Rs. 7500/- was paid or fixed in good faith?