KHUDA BAKHSH Vs. SARDAR BUDH SINGH

JUDGEMENT

(1.) By a sale - deed dated 16 September 1940, the defendant - respondent, (Sardar Ajit Singh, purported to have sold to the appellants at the price of Rs. 26,000 certain agricultural land in the district of Shahpur. The plaintiff and respondent, Sardar Budh Singh, thereupon claimed a right of pre - emption in respect of this land and sued for possession.

(2.) The Subordinate Judge of Sargodha held in the plaintiff's favour and his decision was affirmed by the High Court of Judicature at Lahore. It is from this affirmance that the defendants, other than Sardar Ajit Singh, now appeal.

(3.) The only issue for the determination of the Board is whether the land in question was subject to the right of pre - emption at the time material to the plaintiff's claim.