TARO Vs. SHANTI BAI

JUDGEMENT

(1.) This is an appeal by the defendants against the judgment and decree of the Additional District Judge, Hissar, dated November 7, 1967.

(2.) Briefly the facts are that Smt. Radhi and some others were the owners of the land in dispute and Smt. Shanti Bai, wife of Sahib Singh, Harbans Singh and Ajit Singh sons of Sher Singh, plaintiffs, and Smt. Maya Devi perpetual lessees on it. Smt. Maya Devi sold her share in the lease-hold rights to Smt. Taro for Rs. 400/- vide sale deed dated March 8, 1965. Smt. Taro thereafter sold the rights purchased by her from Smt. Maya Devi to Surjit Singh defendant for a consideration of Rs. 3000/- by sale deed dated April 28, 1965. The plaintiffs instituted a suit for pre-emption regarding the lease-hold rights on the ground that they had preferential right of pre-emption on it. The suit was contested by the defendants, who inter alia pleaded that the sale regarding lease-hold rights was not pre-emptible.

(3.) The trial Court held that the transaction in question was not sale of agricultural land and consequently was not pre-emptible. It, therefore, dismissed the suit. The plaintiffs went up in appeal before the Additional District Judge, Hissar, who reversed the abovesaid finding, accepted the appeal and decreed the suit of the plaintiffs. The defendants have come up in second appeal to this Court.