KHEM SINGH Vs. KAPUR SINGH

JUDGEMENT

(1.) AGGRIEVED from the judgment and decree, dated 28 9 1981, passed by the District Judge, Mandi, Khem Singh (defendant 1) has filed this appeal.

(2.) SMT . Lachhi and Smt. Balmo (de fendants 2 and 3) daughters of Jai Ram sold land measuring 3 13 15 bighas, i.e. l /10th share of Khata No. 12/26 to 30, measuring 36 17 12 bighas, situate in village Shamsher Mahal Kurani, Tehsil Chachiot, District Mandi, to Khem Singh (defendant 1) for Rs. 3000/ , vide registered sale deed dated 11 10 1977.

(3.) THE suit was contested by the defendants and it was alleged that the suit was not properly valued, for purposes of court fee and jurisdiction because a house was standing on the disputed land and plaintiff was liable to pay court fee on the market value of the share of the house. Another objection was that the land was not agricultural land and, therefore, was not preemptible. The plaintiff's preferential right to pre empt the sale was denied and. it was alleged that the plaintiff was estopped from filing the suit by his own conduct and that the suit was not within time and was not maintainable in law.