PARTAP SINGH AND ANOTHER Vs. KALU RAM

JUDGEMENT

(1.) This second appeal has arisen in the following circumstance. One Ram Labhaya sold land measuring 12 kanals 4 marlas situated in village Diara, Tehsil Jagadhri, to the appellants by means of a sale deed dated the 14th of February, 1961, for Rs. 762/-. The respondent brought a suit for possession of the land by pre-emption on the ground that he and his two brothers named Rulia and Anantu were holding the land as tenants and that he, therefore, had a right of pre-emption as against the appellants-vendees. The suit was contested on the pleas that the respondent had no pre-emptive right, that he was estopped from filing the suit and that in any case he was bound to pay the expenses relating to the registration of the sale deed to the appellants.

(2.) The parties went to trial on the following issues :-

(3.) The trial Court found issue Nos. 1 and 2 against the plaintiff and issue No. 3 against the defendants and consequently dismissed the suit on the 24th of July, 1962, leaving the parties to bear their own costs.