GODHU Vs. KANSHI RAM

JUDGEMENT

(1.) This is a first appeal against the judgment of the Executing Court, Hissar, dated February 7, 1972, dismissing the execution application.

(2.) Briefly, the facts are that Kanshi Ram, Har Chand and Bhagu, respondent Nos. 1 to 3 were the owners of the land measuring 1,348 bighas equivalent to 280-5/6 acres and they sold it to Maha Singh etc. respondent Nos. 4 to 10 for an ostensible price of Rs. 1,35,000/- vide sale deed dated June 18, 1956. Two suits for possession by pre-emption were instituted, one by Sahib Ram, Godhu and Mani Ram appellants, and the other by Moola, Ranjit, Sheo Lal, Badu and Chendu, respondent Nos. 20 to 24 in the Court of Senior Subordinate Judge, Hissar. Both the suits were decreed by the Court on June 30, 1958. The decree said that in the first instance Sahib Ram and others would be entitled to the land on payment of Rs. 1,35,000/- minus the 1/5th pre-emption money by July 30, 1958. In case they failed to do so, their suit would stand dismissed and Moola and others, rival pre-emptors, would be entitled to the land on deposit of the said amount on or before October 30, 1958. In case both the parties failed to deposit the amount, the suit would stand dismissed.

(3.) Sahib Ram and others did not deposit the money upto July 30, 1958 and preferred an appeal against the decree to this Court on the ground that the price fixed by the Court was excessive. Moola and others deposited the amount in August, 1958 and obtained possession of the property from the vendees in execution. The appeal of Sahib Ram and others was accepted by the High Court on January 6, 1967 and they were allowed decree on payment of Rs. 1,05,800/- in place of Rs. 1,35,000/-. They were granted three months' time to deposit the amount which they deposited within time.