PARKASH DEVI Vs. DINA NATH

JUDGEMENT

(1.) JUDGEMENT :- This judgement shall dispose of R.S.A. No. 251 of 1986 and R.S.A. No. 252 of 1986 as the questions of law and facts involved in both these appeals are the same and these appeals arise out of a single judgement of the learned District Judge.

(2.) Briefly the facts are that the respondent Dina Nath (hereinafter the plaintiff) filed a suit for possession by pre-emption of the suit land (fully detailed in the plaint) on the allegations that the suit land was owned by one Larja Ram. Larja Ram sold the suit land along with a house standing thereon in favour of the appellant (hereinafter the defendant) vide a registered sale deed dt. 34-3-1981 for Rs. 22,000/-. The plaintiff alleged that the market value of land was not more than Rs. 4,000/- as the house property was shown to be of Rs. 2,500/-. The plaintiff claimed a superior right of pre-emption on the grounds of his being a co-sharer in the khata and he prayed that his suit be decreed for possession be pre-emption on payment of market value.

(3.) The suit was contested by the defendant and on the pleadings of the parties, the following issues were framed :-