JANA BIBI Vs. QADIR BEG

JUDGEMENT

(1.) THIS is vendee defendants appeal and arises out of a suit instituted by Qadir Beg plaintiff pre -emptor to pre -empt the sale of two kanals of land comprised of khasra No. 1705/1499 of khewat No. 2020 situate in Batmalna Srinagar which was alleged to have been sold by ShabAN Beg and ramzan Beg vendors to Qadir Batt vendee for a sum of Rs. 200 by a sale deed Ex. D. W. 1 executed on the 11th Magh 2010. The trial Court decreed the suit for possession in favour of the plaintiff pre -emptor on payment of Rs. 200 as the price of the land as mentioned in the sale deed. On appeal by the vendee Qadir Batt, the senior Subordinate Judge remitted an issue to the trial Court in respect of the price. The trial Court found that the price in fact was Rs. 1,000 and not Rs. 200 and made a report to that effect to the lower appellate Court. The Additional District Judge, Srinagar, which was the lower appellate Court then did not agree with the finding arrived at by the trial Court in respect of the price and confirmed the decree passed by the trial Court dismissing the vendees appeal. The vendee defendant has come up in further appeal to this Court.

(2.) ON behalf of the appellant it is argued that the lower appellate Court has erred in holding the sale price to be Rs. 200 as mentioned in the sale deed and not Rs. 1,000 as was found by the trial Court on remand.

(3.) WE have gone through the judgment of the Additional District Judge. He has taken the view that in face of the averment made in the registered sale deed that the price of the land is Rs. 200 it is not open to the vendee appellant to lead evidence to show that the price was in fact Rs. 1,000. He has completely brushed aside the evidence adduced by the appellant to prove that the price paid by him oR the vendors was Rs. 1,000 and not Rs. 200 as mentioned in the sale deed.