S. GOBIND SINGH Vs. GAURI SHANKER & ANR.

JUDGEMENT

(1.) On the 11th Phagan, 1997, the defendants Nos. 2 and 3 executed a document in favour of defendant No. I purporting to grant occupancy rights in certain land for a cash consideration of Rs. 350.

(2.) The plaintiff's case is that this transaction is pre-emptible because it is sale of land as defined under the Prior Purchase Act. Defendants 2 and 3 are the proprietors of the land in dispute which was not an occupancy holding. The plaintiff asserted a preferential right and preferred this suit for possession in terms of the Prior Purchase Act.

(3.) On behalf of the defendants it was contended that the plaintiff had no right of preemption, that the transaction was not that of sale, that it was only a grant of occupancy rights and that there was no right of preemption in respect of such a transfer.