PHULLA SINGH Vs. SULAKHAN SINGH

JUDGEMENT

(1.) The appellants purchased the land in suit measuring 52 Kanals 5 Marlas from Begpur Cooperative Farming Society vide registered sale deed dated 18.9.1974 for a sum of Rs. 17,308/-. The plaintiff claimed the right to pre-empt the sale being a tenant on the land in dispute.

(2.) The defendant-appellants controverted the allegations of the plaintiff-respondent and contended that land in dispute was Banjar Qadim and they had reclaimed it, no suit for pre-emption was maintainable. In the alternative, they claimed consideration, stamp and registration charges, other pleas were raised. The following issues were framed :-

(3.) The trial Court came to the conclusion that the plaintiff had a preferential right of pre-emption, the suit was not bad for partial pre-emption the land was not Banjar Quadim, it had not been reclaimed by the vendees, it was not under attachment under section 145, Cr.P.C. at the time of sale, and the vendees were found entitled to stamp and registration charges, and the suit was decreed to the extent of 39 Kanals 11 Marlas.