SARWAN SINGH Vs. ROSHAN LAL

JUDGEMENT

(1.) This second appeal arises out of a suit for possession through preemption filed by Roshan Lai and others in the court of the Senior Sub -Judge, Hamirpur.

(2.) The facts briefly are that Smt. Karodhu Devi sold the land in suit o Swaran Singh by a registered sale deed, dated 27th June 1973 for a sum of Rs. 8,000/ -. She had got this land from her father, Mussadi, vide a gift deed, dated 30th August, 1967. The plaintiffs filed a suit for pre -emptioning the sale on the ground that they were the fathers brothers sons of Smt. Karodhu Devi, and as such, they had right of pre -emption as against the donee. They also challenged the sale amount. According to them this was a fictitious amount, whereas the market value of the land was far less than the amount which is stated to have been paid.

(3.) The case was contested by the defendants, and, according to them, the plaintiffs had no right of pre -emption, inasmuch as Smt. Karodhu Devi had acquired the property through her father, and that it was section 15 (2) (a) of the Punjab Pre eruption Act (Shortly called the Act), as applicable to Himachal Pradesh which covered the case. The Senior Sub -Judge accepted the contention of the defendants and he, therefore, non -suited the plaintiffs.