GANGA SINGH Vs. NARINJAN SINGH

JUDGEMENT

(1.) The brief facts of the case are that Atma Singh son of Wasawa Singh of Bharowal, by virtue of registered sale deed dated 1st of July, 1963, sold his agricultural land measuring 68 Kanals and 9 Marlas and a Haveli consisting of four kacha rooms in favour of Niranjan Singh defendant for a consideration of Rs. 19,000. Ganga Singh plaintiff filed the present pre-emption suit for possession of agricultural land only on the allegation that he being the real brother of Atma Singh vendor, had a superior right of pre-emption to that of Niranjan Singh vendee who was a stranger to their family. The decree for possession by pre-emption was claimed on payment of Rs. 17,000.

(2.) Niranjan Singh defendant contested the suit and pleaded that the plaintiff had no preferential right to pre-emption, that the sale consideration of Rs. 19,000/- was fixed in good faith and actually paid, that the market value of the suit land at the time of sale was Rs. 19,000/-, that he had incurred expenses on the execution and registration of the sale deed and as such he was entitled to claim the same, that the plaintiff had waived his right of pre-emption, that he was a tenant of the suit land at the time of the sale and as such the suit was not competent, and that the suit was for partial pre-emption, and as such was liable to be dismissed.

(3.) Various issues were framed on the pleadings of the parties. The trial Court found that the plaintiff was the real brother of Atma Singh vendor and as such had a superior right of pre-emption. On issue No. 2, it was found that Rs. 17,000/- was the sale consideration. Under issue No. 3, it was held that the market value of the land in suit at the time of the sale was Rs. 19,000/-. Under issue No. 4, Rs. 2280/- were allowed to the defendant on account of stamp and expenses of execution and registration of the sale deed. On issue No. 8, it was held that there was no bar to the plaintiff pre-empting the sale of land only and leaving the house to the vendee when the full purchase price was being paid. Accordingly, on 25th February, 1965 a decree was granted for possession of agricultural land by means of pre-emption in favour of the plaintiff on payment of Rs. 21,280/-, on or before 1st May, 1965.