VIJAY SINGH Vs. SURJA

JUDGEMENT

(1.) SURJA , (respondent in this appeal), filed suit against the present appellants for possession by way of pre-emption of half share of agricultural land measuring 38 Kanals 7 Marlas being half share of 76 Kanals 14 Marlas of land situated in village Matarsham, Tehsil and District Hissar.

(2.) IT was pleaded that Ram Dass, Chela Thakar Dass was owner of agricultural land measuring 76 Kanals 14 Marlas and he had sold half share of the same measuring 38 Kanals 7 Marlas vide registered sale deed dated 8.5.1979 to the defendants (now appellants) in equal shares. The sale price of Rs. 29,500/- as shown in the sale-deed was fake and fictitious. In fact, the sale price was Rs. 19,500/-. No notice was of sale was given to him. It is further pleaded by the plaintiff that he had superior right of pre-emption on the ground that he was the tenant on Batai-Tihai for the last many years on the land in question and the defendants were strangers to the land as well as to the vendor.

(3.) ON issue No. 1, the learned trial Court held that the plaintiff was a tenant on the suit land at the time the impugned sale was effected and as such he had superior right of pre-emption. Accordingly, this issue was decided in favour of the plaintiff and against the defendants. Issue No. 2 was decided in favour of the defendants and against the plaintiff and it was held that the sale price of Rs. 29,500/- as shown in the registered sale deed was fixed in good faith and was actually paid to the vendor. Issue No. 3 became redundant. On issue No. 4, it was held that the defendants were entitled to stamp expenses of Rs. 3,688/- and registration expenses of Rs. 386.50P. Issue Nos. 5, 6 and 7 were decided in favour of the plaintiff and against the defendants.