BACHAN SINGH Vs. JAS KAUR

JUDGEMENT

(1.) THE following pedigree -table lends assistance in appreciating the facts involved in this plaintiff's second appeal which has arisen from a suit for pre -emption:

(2.) MEHMA Singh was the last male holder of the land in dispute which has an area of 67 bighas 14 biswas. On his death, his widow Shrimati Basanti succeed to the land. Shrimati Basanti herself died on the 16th of July, 1956, i.e., about a month after the enforcement of the Hindu Succession Act and her daughters Kartaro and Angrezo became owners of the land as her heirs. On the 18th March, 1964, Kartaro and Augrezo sold the disputed land to Shrimati Jas Kaur and others, respondents Nos. 1 to 10, for Rs. 20,000/ - by a registered sale deed. The appellant brought a suit for possession of the land on the basis of pre -emption with the allegations that he was the son of the vendors' father's brother and was also a cosharer in the khata of which the disputed land formed a part and that these two qualifications gave him a right of pre -emption in respect of the sale as against respondents Nos. 1 to 10. It was also pleaded by him that the actual price paid for the land in dispute was Rs. 12,000/ - and that the balance had been fictitiously added merely to scarce away prospective pre emptors.

(3.) THE parties went to trial on the following issues: