AKBAR Vs. SHAMMA

JUDGEMENT

(1.) THIS is a defendants appeal and arises out of a suit for preemption in respect of 30 Kanals and 9 Marlas of land entered in Khewat No. 129 of village Dole, Tehsil Kishtwar, brought by the plaintiff in the court of the Sub Judge, Kishtwar.

(2.) THE plaintiff alleged in his petition of plaint that Khewat No. 129 measuring 57 Kanals and 17 Marlas was the joint property of Deba Ram defendant No. 2 and Bhagat Ram, that he became a co -sharer in Khewat No. 129 by purchase of 26 Kanals and 12 Marlas of land comprised in Khasra No. 697 (which is a part of Khewat No. 129) from Bhagat Ram, co -sharer of the said Khewat vide deed dated 22nd May, 1958, that Deba Ram defendant had by means of sale deed dated 21/23 -8 -1967 registered on 24 -9 -1967 sold 30 Kanals and 9 marlas out of the joint khewat in favour of Akbar defendant No. 1 and that he being a co -sharer In Khewat No. 129 his right to purchase the suit land was superior to that of Akbar defendant. the plaintiff further alleged that the sale . consideration of Rs. 1,000/ - entered in I the sale deed was fictitious and that the same had not been paid in full nor fixed in good faith.

(3.) THE suit was resisted by the contesting defendant inter alia on the ground that he had purchased the land comprised in Khasra Nos. 699 and 701 Min measuring 30 Kanals and 9 Marlas entered in Khewat No. 129 from defendant No. 2 and that the plaintiff having purchased only a specific plot out of the said Khewat could not be deemed to be a co -sharer in the suit land. He further pleaded that the sale consideration entered in the sale deed which also represented the true market value of the suit property had been paid in full by him to the vendor.