- (1.) Facts giving rise to the present Regular Second Appeal are summoned up thus :-
(2.) The respondent Krishan Lal brought a suit to pre-empt the suit land on the ground of his being the son of Tirlok Chand (vendor). The suit was contested by the appellant-vendee on various counts which gave rise to the following issues :- 1) Whether the plaintiff has a superior right of pre-emption OPP 2) Whether the sale price was fixed in good faith or has been actually paid to the vendor OPD 3) If issue No. 1 is not proved, what was the market value of the land in dispute at the time of sale 4) Whether the vendee-defendant was a tenant of the land in dispute If so, to what effect OPD 5) Whether the Court fee has not been properly fixed on the plaint OPD 6) Whether the suit is not maintainable in the present form OPD. 7) Relief.
(3.) The trial Court, on the basis of the evidence led by the parties decreed the suit in favour of the plaintiff by deciding issue No. 1 in his favour.;