DALIP SINGH Vs. JAISI RAM

JUDGEMENT

(1.) This regular second appeal is from the judgment and decree dated 1-5-1978 passed by the District Judge affirming that of the Senior Subordinate Judge, Hamirpur dated 21-2-1977 decreeing the suit of plaintiff-respondent No. 1 for possession of 21 kanals of agricultural land by way of pre-emption.

(2.) In order to appreciate the points in controversy between the parties which survive for consideration at this stage, it is considered necessary to narrate a few facts which are not in dispute,

(3.) The land forming the subject of dispute between the parties was originally owned by one Shri Bhikhoo who died issueless some time in 1928-23. On the death of Shrj. Bhikhoo his widow Smt. Shankari succeeded to that land as a limited owner under the law then in force. Later with the enactment of the Hindu Succession Act, 1956, she acquired absolute and full ownership in this land by virtue of the provisions of Section 14 (1) of this Act with effect from 14-1956. After so acquiring absolute ownership in this land, she sold the same to the present appellant for a consideration of Rs. 18,000/- by means of a registered sale deed dated 17-1-1973