PHOOL CHAND Vs. SAROJ BALA

JUDGEMENT

(1.) THIS appeal, is directed, against the judgment and decree, dated 11.03.2008, rendered by the Court of Additional District Judge, Ambala, vide which, it accepted the appeal, against the judgment and decree, dated 25.07.2005, rendered by the Court of Civil Judge (Junior Division), Ambala City, and dismissed the suit of the plaintiff (now appellant).

(2.) THE facts, in brief, are that the plaintiff has, been cultivating the suit land for the last so many years, as tenant, under respondents/defendants No. 2 to 5. These defendants appointed Chuhar Ram, defendant/respondent No. 6, as their attorney, and the land, in dispute, was sold to Saroj Bala, defendant No. 1/respondent No. 1, vide a registered sale deed dated 25.06.92 for a valuable sale consideration of Rs. 20,000/-. It was stated that to ward off the right of pre-emption of the plaintiff/appellant, fictitious sale consideration of Rs. 60,000/-, was shown in the sale deed. During the pendency of the suit, Saroj Bala, sold the land to Arjan Singh, defendant No. 7/respondent No. 7, vide registered sale deed dated 30.10.2000. He was arrayed, as a party, during the pendency of the suit, vide order dated 24.11.2000. It was further stated that the plaintiff, had got a superior right to pre-empt the sale, in question, as he was tenant in the land, in dispute, under the vendors. It was further stated that no notice under Section 19 of the Punjab Pre-emption Act, was ever served, on the plaintiff, by the vendors, prior-to the sale of the land, in question. It was further stated that the defendants were called upon, a number of times, to admit the claim of the plaintiff, but to no avail. On the final refusal of the defendants, to admit the claim of the plaintiff, to pre-empt the sale, left with no alternative, a suit for possession, by way of pre-emption, was filed.

(3.) ON the pleadings of the parties, the following issues were struck :-