- (1.) This regular second appeal has been directed against the judgment and decree of Shri D.R. Goel, Subordinate Judge, I Class, Kaithal, dated October 31, 1975, decreeing the suit for pre-emption of the respondent against the appellants which was affirmed by the learned Senior Subordinate Judge, Karnal, exercising Enhanced Appellate Powers, vide his judgment dated May 3, 1977.
(2.) The facts of the case are that the appellants purchased 33 kanals 4 marlas of land, situated in the revenue estate of village Dulyani, tehsil Kaithal, district Karnal (fully described in the head note of the plaint) from Matu vendor, for Rs. 20,500/- vide sale deed registered on November 2, 1973. Bhartu respondent pre-empted that sale through this suit on the ground of being a co-sharer in the khata out of which Matu had sold the land to the appellants. The appellants contested the suit by raising numerous pleas.
(3.) The learned trial Judge framed the following issues :- (1) Whether the plaintiff is a co-sharer in the khewat of the land sold and has a superior right of pre-emption OPP (2) Whether the sale price of Rs. 20,500/- was fixed in good faith and paid to the vendor OPD (3) If issue No. 2 is not proved what was the market value on the date of sale of the suit land OP Parties (4) Whether the suit is not within time OPD (5) Whether the 1/5th has been deposited in time OPP (6) Whether the plaintiff has waived his right of pre-emption OPD (7) Whether vendees have been in possession of the suit property as tenants under the vendor at the time of sale, if so, its effect OPD (8) Whether the land is not correctly described (9) Whether the defendant Nos. 1 and 2 have not been duly served, if so, its effect (10) Relief.;