DES RAJ Vs. PIYARU RAM

JUDGEMENT

(1.) Shri Piyaru Ram had filed a suit for possession by way of pre -emption of land measuring 10 kanals 13 marlas comprised in khasra No. 11 situate in Tika and Mauza Dada, Tehsil Dehra. The plaintiff claimed the right of pre emption on the basis of his being a co -sharer with the vendor. His further contention was that sale price which had been shown at Rs. 10,000 was fictitious and that the actual consideration that passed did not exceed Rs. 5,000.

(2.) The trial court found that the plaintiff was a co -sharer and had a right of pre -emption, but found that the consideration which actually passed was Rs. 10,000, and, therefore, the trial court passed a decree for possession in favour of the plaintiff on pavment of Rs. 10,000 as pre emption money. The plaintiff had already deposited Rs. 2,000 and he was directed to deposit the balance amount of Rs. 8,000 in the court by 31st August 1976, failing which it was ordered that the suit shall stand dismissed. This decree was passed on 12th July 1976 by the Sub -Judge 1st Class, Dharamsala.

(3.) Against this judgment and decree, both the parties went in appeal. The defendant -vendees appealed on the ground that the plaintiff had no right of pre -emption, and that the trial court had erred in holding that the plaintiff had such a right. The plaintiff appealed against the judgment en the ground that the amount of sale held by the trial court actually paid at Rs 0,0u0 was wrong, in fact, the sale amount was fictitious and only Rs. 5,000 had been paid.