JAMAL SOOFI AND OTHERS Vs. SIDIQ AND OTHERS

JUDGEMENT

(1.) This is an appeal against the judgment and the decree of the High Court dated Assuj 4 2008 by which the judgment and the decree dated 16th Poh. 2007, of the City Judge of Srinagar was modified.

(2.) On Baisakh 24, 2005, respondents 3 and 4 executed a sale deed of a house and land situated in Mohalla Syed Hamidpora in the City of Srinagar in favour of the appellants for an ostensible consideration of Rs.5000/-. Respondents 1 and 2 who are the owners' of the adjoining property claim to exercise right of prior purchase in regard to this sale and the main question for the consideration of the Board in this appeal is on payment of what price this right can be enforced by them.

(3.) Prior to the sale there was an agreement of sale dated Baisakh 24, 2005 which recites that at the time of agreement, a sum of Rs.2000/- was paid by the appellant to respondents 3 and 4. The sale deed of Baisakh 30, 2005 further recites that a sum of Rs.1500/-was paid at the time of the execution of the sale deed and further a sum of Rs.500/- was paid at the time of its attestation. On Baisakh 30, 2007 the date when the sale deed was executed a bond was also executed for the payment of Rs.1000/- by the appellant to respondents 3 and 4 and this bond was also attested by the Registrar. Prima facie the ostensible consideration of Rs.5000/- of the sale deed is thus duly supported by documents two of which are registered.