MAHINDER SINGH Vs. HARBANS SINGH

JUDGEMENT

(1.) This civil second appeal by the plaintiffs/appellants is against the decision dt. 21-12-1976 passed by District Judge, Baramulla, in an appeal, against the judgment and decree dt. 29-9-1975 passed by Sub-Judge, Baramulla, decreeing the suit under Right of Prior Purchase Act.

(2.) Briefly stated, the facts of the case are that in exercise of right of prior purchase, the appellants/plaintiffs brought a suit against the defendants/respondents for possession of 19 marlas of land under survey No. 366 khewat No. 2 situate at village Tangmulla Tehsil Sopore. The trial court Sub Judge, Baramulla decreed the suit with condition to the appellants/plaintiffs to deposit purchase money ascertained during trial by 1-11-1975, which had been disputed by the appellants. The appellants filed civil first appeal before the District Judge, Baramulla on the sole point of wrong determination of purchase money. The District Judge, Baramulla, vide his judgment indicated dismissed the appeal and it is against this judgment and decree the plaintiffs/appellants have come in second appeal before this court agitating two points: firstly

(3.) I have heard learned counsel for both the parties.