SYED SIRAJ-UL-DIN Vs. KARIM DAR

JUDGEMENT

(1.) TWO suits for possession of agricultural land, one for 4 kanals under survey No. 951 in vill ­age Dadompora and the other for 9 kanals 14 marlas under survey No. 936 min situate in the same village were brought by Syed Siraj -ul -din and Sayed Ahmad Shah against Karim Dar and others. The cases were instituted on 11 -9 -1958 and on 10 -6 -1959 respectively. In the first case Ahad Shah was the vendor. In the first case the alleged sale considera ­tion was Rs. 1, 000/ - and in the second it was Rs. 1.500/ -. The plaintiffs alleged that they were the heirs (agnates) of the vendors and cosharers in the land sold.

(2.) THE defence of the vendees was that they were the tenants of this land ;.they denied the relationship of cosharers of the plaintiffs vis a vis the vendors.

(3.) A number of issues were raised in the suit. The trial court held that the vendees were tenants of the land in question, the plaintiffs were the heirs of the vendors and held the price as entered in the sale deeds as proved but held that on the basis of Act No. XXIII of 1959 which came into force on 26 -10 -1959, the defdts: being tenants of the land had a superior right to that of the preemptors, it dismissed the suits on 5 -9 -1962. On an appeal before the learned District Judge Srinagar, the issue of consideration was not pressed Further the plaintiffs being co sharers of the vendors also was not pressed, But the plaintiffs were held to be the heirs of the vendors. Agreeing with the finding of the trial court that the defdts: were the tenants and they could improve their title upto the date of the decree the learned District Judge dismissed the appeals by his order dated 6 -3 -1965. The plaintiffs have come in further appeal to this court against these findings. The finding of fact recorded by both the courts below is that the preemptors are the heirs of the vendors and the vendees are the tenants of the land sold.