KALURAM Vs. TARACHAND

JUDGEMENT

(1.) THIS is a defendants* appeal in a suit for pre-emption.

(2.) THE respondent Tarachand sued the appellants vendees for possession of a certain plot of land sold to them by respondent No. 2 on 4th of August 1947. It was alleged that the real consideration for the sale was Rs. 600/-but it was wrongly mentioned at Rs. 1500/- in the sale-deed. THE right to pre-empt was not contested by the defendants but various other pleas were raised of which the only one relevant for purposes of this appeal was that the price of Rs. 1500/-mentioned in the deed was not fictitious. THE trial court held the price mentioned in the deed to be fictitious and decreed the suit on payment of Rs. 600/- and the same judgment was upheld on appeal.