FAUJA SINGH AND ORS. Vs. CHANAN SINGH AND ORS.
HIGH COURT OF PUNJAB AND HARYANA
Fauja Singh And Ors.
Chanan Singh And Ors.
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Harnam Singh, J. -
(1.) ON 3 -3 -1947, Chanan Singh and others instituted the suit out of which this appeal has arisen for possession by pre -emption of the suit land measuring 46 kanals, 4 marlas sold by Sohnun alias Sohan Singh Defendant 6 to Fauja Singh and others, Defendants 1 to 5, for Rs. 10,000 on the foot of the registered sale deed executed on 18 -2 -1946. Plaintiffs pleaded that they possessed a superior right of pre -emption as compared with Defendants 1 to 5 and that Rs. 6000 represented the actual sale price and the true market -value of the land.
(2.) DEFENDANTS 1 to 5 resisted the suit and on the pleadings of the parties the following issues arose:
1. Have the Plaintiffs a superior right of pre -emption qua the vendees?
2. Whether the ostensible sale price Rs. 10,000 was fixed in good faith and paid?
What is the market value of the land in suit?
(3.) RELIEF .
3. At the trial the Plaintiffs expressed their willingness to pay the entire sale price as preemption money to the vendees. That being so, issues 2 and 3 did not call for any decision in the trial Court and the sole question that was debated at the trial was whether the Plaintiffs had a superior right of pre -emption qua fcbn vendees. Finding issue 1 against the plaintiffs the trial Court dismissed the suit leaving the parties to bear their own costs.
4. From the decree passed by the trial Court on 20 -12 -1947, Plaintiffs went up in appeal in the Court of the District Judge, Gurdaspore, and the lower appellate Court has found that the Plaintiffs possess a superior right of preemption as compared with Defendants 1 to 5 on the ground that the Plaintiffs were owners in the sub -division in which the land is situate while the vendees were not the owners in that sub -division of the village.;
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