KHAZANA RAM Vs. SURJAN SINGH AND ORS.

JUDGEMENT

(1.) This is a Defendant's appeal against the judgment and decree, dated 4th December, 1981 of District Judge, Hamirpur, by which the appeal of the Appellant was dismissed and the judgment and decree, dated 28th February, 1977, passed by the Sub -Judge, Hamirpur, decreeing the suit of the Plaintiff -Respondent was affirmed.

(2.) The facts, in brief, are that Arjan Singh son of Seehanu sold 3 kanals 10 marlas of land situate in Tika Aghar to Khazana Ram and others Defendants for a consideration of Rs. 1,500/ -by a registered sale deed, dated 25th December, 1970.

(3.) Surjan Singh real brother of the vendor filed a suit for pre -emption in the Court of Sub -Judge, Hamirpur, on 14th December, 1971, claiming that he had a superior right of preemption and that the sale price was not paid or fixed in good faith and that the Plaintiff was entitled to pre -empt the sale on payment of the market value of the property. The suit was contested by the Defendants -vendees and on the pleadings of the parties the following issues were framed: