JAGDISH KUMAR Vs. LACHHMAN

JUDGEMENT

(1.) This is an appeal filed by the defendants in a suit instituted by both the respondents herein on 21/7/1986, seeking possession of the suit property, on the ground that they had a pre-emptory right to do so.

(2.) The case of the plaintiffs was that the suit land, measuring 218 kanals 13 marlas, situate in the revenue estate of village Jamal, Tehsil and District Sirsa, was sold by Radha Kishan, Atma Ram and Jagdish to the appellants herein (the first appellant also 'carrying' the name of Jagdish Kumar), vide a registered sale deed dtd. 25/7/1985; and though the actual sale consideration was Rs.23,000.00, however, only to defeat the right of pre- emption available to the plaintiffs, a fictitious amount of Rs.45,000.00 was shown to be such consideration in the sale deed.

(3.) Notice having been issued to the appellants herein, i.e. the defendants in the suit, they filed a written statement to the effect that the suit land had actually been purchased for a sum of Rs.45,000.00 and that in fact the plaintiffs had sufficient notice of the sale.