SAT PAUL BHANDARI Vs. MEHAR SINGH AND ANR.

JUDGEMENT

(1.) THE suit of the Plaintiff for pre -emption having been decreed by the Additional District Judge, Patiala, who reversed the judgment and decree of the Subordinate Judge, Rupar, dismissing it, the Defendant has come in appeal to this Court.

(2.) THE suit property consisting of a house in Rupar at fine belonged to one Paro, who later made a gift of it in favour of Lajwanti. The donee sold this property to the Appellant, Sat Pal Bhandari, for Rs. 1,000 on 22nd of February, 1964. A suit for pre -emption was brought by Mehar Singh Plaintiff on 22nd of February, 1985, on the ground that he had been in occupation of the house as a tenant for some years. A number of pleas were raised in defence and the following issues were framed by the trial Judge:

(3.) IN appeal by the Plaintiff, the District Judge affirmed the finding which was challenged by the Defendant -vendee with regard to the legal status of the Plaintiff and held that he had been proved to be a tenant. The lower appellate Court, further found that the evidence adduced in the case pointed out to the conclusion that the custom of pre -emption prevailed generally in the town of Rupar and therefore, the suit was decreed in favour of the Plaintiff. It may be mentioned that the subject -matter of issue No. 3 regarding improvements was not pressed before the trial Judge, nor was it agitated in appeal. On issue No. 4, the decision of both the Courts was in favour of the Plaintiff pre -emptor and that finding is no longer a live issue between the parties.