- (1.) THIS second appeal is directed against the concurrent decisions of the Courts below decreasing the plaintiff's suit for pre-emption on payment of Rs. 28,913/instead of Rs. 30,000/ -.
(2.) THE land in dispute was sold by Devinder Singh to Tara Singh, Shangara Singh and Balwant Singh sons of Mit Singh, on 24th March, 1966. Ajit Pal Singh son of devinder Singh vendor filed this suit for pre-emption alleging that only rs. 19,300/- had been actually paid. The suit was contested by the vendees. They pleaded that the sale-price had been actually paid, that the suit was barred by time, that the defendants were tenants on the land in dispute at the time of sale and that the suit was collusive and benami.
(3.) ON the pleadings of the parties the following issues were framed:-- 1. Whether the plaintiff has superior right of pre-emption? 2. Whether the sale price was fixed in good faith or paid? 3. If issue No. 2 is not proved what was the market value of the suit land at the time of sale? 4. Whether the defendants were the tenants on the suit land at the time of sale? 5. Whether the suit is barred by time? 6. Whether the defendants are entitled to the registration expenses? If so, to what extent? 7. Whether the suit is collusive and benami and is for the benefit of the vendor? If so, to what effect?;