MOTI RAM Vs. PANDU RAM

JUDGEMENT

(1.) THIS is an appeal against an order of remand made by the Additional District Judge, Gurgaon, on 24th January, 1968, where -by he framed an additional issue and directed the trial Court to decide the whole case afresh in the light of the issue framed by him.

(2.) MOTI Ram Plaintiff Appellant filed a suit that he was in occupation of the site in dispute as a tenant under the vendors Shugan Chand and others since the year 1958 and, therefore, entitled to preempt the sale. He pleaded that the site, the sale, whereof was sought to be pre -empted, was situate in the old town of Palwal where the custom of pre -emption prevailed. Pandu Ram etc. vendees resisted the suit on various grounds pleading inter alia that para 2 of the plaint was vague inasmuch as it did not specify in which sub -division of the town the disputed plot of land was situated and whether there was a custom of pre -emption in that sub -division. The parties went to trial on that sub -division. The parties went to trial on the following issues of which issue No. 2 is the relevant one the purposes of the present appeal:

(3.) The trial Court after recording the entire evidence came to the conclusion that the Plaintiff Appellant had a preferential right and under issue No. 2 it was held that the custom of pre -emption was proved to exist in Palwal town where the suit property was situated. It was of the opinion that no doubt the Plaintiff did not make any specific allegation that the town of Palwal was divided into sub -divisions, but the vendees also had not made any such assertion. The suit of plain -tiff was ultimately decreed.