JODH SINGH Vs. SHANTI BAI

JUDGEMENT

(1.) THE claim of the plaintiff-respondent, who is no more now and is represented in this appeal through her legal representatives, for possession by way of pre-emption of a piece of land measuring 16 Kanals, did not find favour with the trial Court. Owing to reversal of trial Court's findings, she succeeded before the first appellate Court and a decree for possession by way of pre-emption came to be passed in her favour.

(2.) NOW to appreciate the controversy, a glance at the facts is necessary. The plaintiff brought a suit for possession by way of pre-emption in respect of land measuring 16 Kanals situated in village Boswal, District Fatehabad. It was averred that the suit land was owned by Surjit Singh. The plaintiff was a co-sharer in the said land. The owner sold the suit land to the defendants vide registered sale deed dated 12.5.1980 for a consideration of Rs. 24,000/- for which no notice was given by the vendor to the plaintiff. The plea raised by the plaintiff in the context was that the defendants were strangers and she being a co-sharer had a preferential right to pre-empt the sale in question.

(3.) THE controversy as noticed above was further crystallized by the following issues : "1. Whether the transaction in dispute is a sale ? OPP 2. Whether the transaction in dispute is permanent lease as alleged ? 3. If the transaction in question is proved to be a sale, whether the plaintiff has a superior right to pre-empt that sale ? 4. Whether the expenses of stamps and registration fees etc. were incurred by the defendants and if so, to what amount ? OPD