LASSA BABA Vs. GAFFAR BUTT

JUDGEMENT

(1.) THIS civil first appeal which is directed against the judgment and decree dated 7 -7 -1966 of the learned District Judge, Srinagar, dismissing the appellants suit for possession of 36 Kanals and 9 marlas of land situate in Ghandi Har, Tehsil Khas Srinagar, on the basis of right of prior purchase arises in the following circumstances: -

(2.) THE aforesaid land comprised in Khasra Nos. 1 measuring 6 Kanals and 7 marlas, measuring 5 Kanals and 2 marlas, 3 measuring 2 Kanals and 19 marlas, 4 measuring 2 Kanals and 17 marlas, 5 Min measuring 2 Kanals and 17Â 1/2 marlas, 7 measuring 10 Kanals and 14 marlas. 8 measuring 5 Kanals and 12Â 1/2 marlas, khewat No 65 Min, was sold by Shri Ragho Koul son of Shri Shiva Koul Smt. Sidha Lakashi widow of Shri Mahesher Koul and Shri Bansi Lal Koul son of Shri Mahesher Koul residents of Syed Kucha, Kawdara, Srinagar, in favour of Gaffar Butt and Mohd Butt sons of Mohda Butt residents of Gandhihat Wanganpora, Tehsil Khas vide sale deed 27 -4 -1962 for an ostensible consideration of Rs. 10,000/ - Claiming themselves to be the tenants of the suit land excepting Khasra No. 3 measuring 2 Kanals and 19 marlas the appellants brought a suit in the court of District Judge, Srinagar, on 20 7 -1962 for pre -emption of the aforesaid land. The suit was resisted by the respondents 1 and 2 inter alia on the grounds that the market value of the suit land being 50,000/ - rupees the suit was beyond the jurisdiction of the Court that the suit had not been property valued for purposes of court fees and jurisdiction, that the suit was not tenable as the appellants had no preferential right of purchase as against them, that the suit was bad for mis -joinder of parties and non -joinder of necessary parties as also for mis -joinder of causes of section, that the suit was bad for joinder of strangers, that the defendants were protected tenants of the suit land, that Rs 10,000/ - had been fixed in good faith and actually paid to the vendors and the market value of the suit lands was not less than 75,000/ - rupees. On the pleadings of the parties the following issues were framed: - 1 Whether the plaintiffs have a right of prior purchase over defendants 1 and 2 over the suit land? OPP 2 On proof of issue No. 1 in the affirmative, whether the sale price has been paid or fixed in good faith. OPD 1&2

(3.) ON issue No. 2 being proved, what is the market price of the suit land? OPP