JOGINDER SINGH Vs. JASWANT SINGH

JUDGEMENT

(1.) Sri Ram (since deceased) represented by his sons/LRs named Joginder Singh, and Jitender Singh have knocked the door of this court through this regular second appeal whereby they have assailed the judgment and decree dated 18.5.98 passed by Additional District Judge, Rewari whereby he dismissed their appeal and maintained the judgment and decree dated 3.8.94 of Senior Subordinate Judge, Rewari decreeing the respondent plaintiff Jaswant Singh's suit for possession through pre-emption of the sale of land (in suit) on payment of Rs. 85,500/- minus Rs. 15,500/- already deposited by him as Zare panjam.

(2.) Jaswant Singh, Plaintiff (respondent herein) instituted suit for possession through pre-emption against Sri Ram and Krishan Lal and others (Krishan Lal and others were given up in trial court on 24.1.92) with regard to land measuring 21 kanal 2 marla on the allegations that he has been in possession of this land since long as tenant under Krishan Lal etc. vendors and that he was in possession of this land as tenant as on 26.5.90 i.e. when this land was sold by Krishan Lal etc. to Sri Ram vide registered sale deed dated 26.5.90 for a sum of Rs. 40,000/- though in the sale deed Rs. 70,000/- was entered,as sale consideration fictitiously. Market value of the land was also not more than Rs. 40,000/-

(3.) In the sale deed, the sale money was inflatedly shown at as Rs. 70,000/- with a view to ward off the claim of the possible pre-emptor, plaintiff Jaswant Singh's claim to pre-empt the sale on the basis of his being in possession as tenant all through. It was alleged that Sri Ram was a total stranger to the land having no right to lay claim on the land vis-a-vis him (Jaswant Singh-Plaintiff). He prayed to pre-empt the sale of the land effected by Krishan Lal etc. in favour of Sri Ram on payment of Rs. 40,000/- or whatever was adjudged as its market value by the court at the date of sale.