PARAS RAM Vs. CHANDER DEV

JUDGEMENT

(1.) Padam Dev, defendant No. 2 (respondent No. 2), sold land (as detailed in the plaint) to Paras Ram, defendant No. 1 (petitioner) for a codsideration of Rs. 3,575/ - vide sale deed dated 16 -8 -1976.

(2.) Chander Dev, plaintiff, (respondent -1) filed a suit for pre -emption in the Court of Senior Sub -Judge, Simla, on 16 -8 -1977. The suit was assigned to the Court of the Sub -Judge, Simla, for disposal Defendant No. 1 contested the suit. In the suit the plaintiffs affirmative evidence was closed on 13 -11 -1980 and the suit was adjourned for defendants evidence for 20 -12 -1980.

(3.) On 20 -12 -1980 an application under Section 151 was filed by the defendant -petitioner praying that the suit of the plaintiff -respondent should be dismissed in view of the notification No. 16472 dated 2 -7 -1919. It was alleged that by virtue of the aforesaid notification no right of pre -emption was available in the district of Simla.