MOHD MALIK Vs. REHMAN BABA

JUDGEMENT

(1.) THIS is defendants -vendees appeal and arises out of a suit instituted by plaintiffs to preempt the sale of land, measuring 20 kanals 5 marlas situate in village Pandh Chhuk made by Kanth Koul vendor in favour of Mohd. Malik and others for a sum of Rs. 2,923/ -.

(2.) THE plaintiffs Rehman Baba and others, four in number, alleged that they, being the proprietors in the same Mahal had prior right of purchase as against the vendees who had associated strangers with them in purchasing the land in dispute. It was further alleged that the price mentioned in the sale deed was fictitious and exaggerated in order to stave off the pre -emptors. In fact the market value of the land could not exceed Rs. 1000/ -. The vendees defendants resisted the suit on the ground that the plaintiffs right to purchase the land was in no way superior to theirs; that the plaintiffs had waived their right to purchase the land and that the price was not fictitious but the amount actually paid to the vendors was entered in the sale deed. Lastly it was pleaded that the suit was barred by limitation.

(3.) ON the pleadings of the parties the trial Court raised several issues and after considering the evidence it came to the conclusion that the defendants vendees had associated a stranger with them who was not a proprietor in the Mahal, and therefore the plaintiffs who were all owners in the Mahal had preferential right to purchase the land. As regards the price, the trial court found that the price entered in the sale deed was actually paid by the vendees defendants to the vendors. It was further found by the trial court that the waiver alleged by the defendants was not established. The suit was held to be within time and it was decreed in favour of the plaintiffs on payment of the sale price to the defendants.