BEGUM SHAH HUSSAIN Vs. ATTAR SINGH

JUDGEMENT

(1.) THESE two civil revisions have been heard together at the request of the counsel on both sides and have, therefore, to be disposed of by a common judgment.

(2.) THE plaintiff who is the respondent in both these revisions is the same person. He instituted -two suits for pre -emption in the Court of the Munsiff at Srinagar: O. S. No. 311 of 1957 was against the petitioner in revision No. 41 of 1959 and some others; the other suit O. S. 312 of 1957 was against the petitioner in civil revision No. 42 of 1959 and two others. The petitioner in each of the revisions was impleaded in the respective original suit as vendee.

(3.) THE claim in O. S. 311 related to land measuring 4 kanals and 12 marlas bearing survey No. 240 min situate in Khewat No. 35/35 min. The plaint alleged that although the sale deed obtained by Begum Shah Hussain, petitioner in C. R. 41 of 1959 recited the consideration for the sale as Rs. 2.000/ -, the property was really purchased for a sum of Rs. lOOO/ -. The plaintiff, therefore, sought to adopt Rs. lOOO/ - as the basis for payment of court -fee and also for purposes of jurisdiction. Likewise in the other suit, O. S. 312 of 1957 the plaintiff averred that the recital in the sale deed in favour of Ram Nath that the price paid was Rs. 1000/ - was a fictitious entry and that the vendee really paid nothing more than. Rs. 500/ -which was the true value of the property.