GULWANT SINGH AND ANOTHER Vs. SATISH KUMAR

JUDGEMENT

(1.) THIS appeal has arisen out of a suit for possession by pre -emption of a vacant plot of land measuring 2 marlas and 1 sarsahi situated in the abadi of village Dhamain, Police Station, Mukerian, Tehsil Dasuya in District Hoshiarpur on payment of Rs. 35/ -.

(2.) THE facts giving rise to the controversy between the parties are as follows:

(3.) Apparently, in pursuance of this compromise, on 6th of May, 1963, the sale -deed was executed by Urmila Devi, wife of Piare Lal, transferring the taur now in dispute to Gulwant Singh for a some of Rs. 35/ -, Rs. 10/ - being towards the cost of registration etc. Some months thereafter, that is, on 6th of May, 1964. the suit out of which the present appeal has arisen, was filed by the minor son of Piare Lal for possession by preemption. The suit was resisted and the status of the plaintiff as the son of the vendor was also challenged. It was further pleaded that the plaintiff was only a benami pre -emptor. Number of issues were settled, but the main issue in the case was, however, whether the transaction in dispute was not a sale and was not pre -emptible. Both the Courts below came to the conclusion that the sale was effected as a result of the compromise settling the dispute between the parties. This is what the lower Appellant Court says: