- (1.) Defendants No. 2 to 8 have preferred this appeal challenging the judgment and decree dated 11.2.1985 passed by the first appellate court whereby the suit of the plaintiff for preemption was decreed. The case of the plaintiff, in brief, was that defendant No.1 was the owner in possession of agricultural land measuring 648 Kanals 4 Marlas to the extent of 1/6 th share. Vide sale deed dated 01.6.1979, vendor Sohan Singh had sold the said land to defendants No. 2 to 8. The said sale deed was a sham transaction and had been executed for fictitious amount of Rs. 2,88,700/-. Plaintiff being a co-sharer had a preferential right to pre-empt the sale. Hence, suit for pre-emption was filed by the plaintiff.
(2.) Defendants No. 2 to 5, in their written statement, denied the contents in the plaint.
(3.) On the pleadings of the parties, following issues were framed by the trial Court:- "1. Whether the plaintiff has got a superior right of preemption over the suit land OPP 2. Whether the sale consideration was fixed in good faith and was actually paid by the defendant-vendee OPP 3. If issue No.2 is not proved what was the market value of the suit land at the time of impugned sale OPP 4. Whether the suit is time barred OPD 5. Whether the defts have effected any improvements over the suit land, if so, what amount OPD 6. Whether the defendants are entitled to recover stamp and registration charges in the eventuality of the suit being decreed OPD 7. Relief.";