- (1.) This Regular Second Appeal is directed against the judgment and decree dated December 1, 1992 passed by the learned Addl. District Judge, Sirsa affirming on appeal those of the trial Judge.
(2.) Facts :- Respondents, namely, Gurdial Singh and Nachhatar Singh sons of Kartar Singh (hereinafter referred to as the plaintiffs) sought for possession by pre- emption of the suit land being co-sharers, alleging that Sucha Singh son of Jiwan Singh vendor sold land measuring 8 Kanals being 160/4393 share of the total land measuring 219 Kanals 13 Marlas comprised in Khewat/Khatoni Nos. 181/298 in favour of Dalbara Singh and Sardar Singh vendee-apellatns (hereinafter the vendees) vide sale deed dated December 19, 1988 for a sum of Rs. 15,000/- whereas in the sale deed the sale consideration has been shown as Rs. 20,000/-. The plaintiffs were the co-sharers in the Khewat Nos 181/298 and as such had a preferential right to purchase the suit land. Since the same was not made, they had to enforce their superior right of pre-emption through the suit. The claim of the plaintiffs was denied by the vendees.
(3.) On the pleadings of the parties, the following issues were framed :- (1) Whether the plaintiffs have a superior right to pre-empt the sail in question? OPP. (2) Whether the sale consideration was bona finely fixed and actually paid as per the recitals in the sale deed ? OPD. (3) If issue No. 2 is not proved, then what was the market value of the suit land at the time of sale ? OPP Parties. (4) Whether the plaintiffs have no locus standi to file the suit ? OPD. (5) Whether the plaintiffs have no cause of action to bring this suit ? OPD. (6) Whether the suit in the present form is not maintainable ? OPD. (7) Whether this court has got no jurisdiction to try this suit ? OPD. (8) Whether the defendants have incurred stamps and registration charges and other expenses? If so, how much ? OPD. (9) Relief. Under issue No. 1 it was held that the plaintiffs had a superior right to pre-empt the sale. Under issue No. 2 it was held that the transaction of sale took place for a consideration of Rs. 20,000/- as per recital in the sale deed. Issue No. 3 became redundant in view of finding under issue No. 2 Issues No. 4, 5, 6 and 7 were decided against the vendees and in favour of the plaintiffs. Under issue No. 8, it was hold that the vendees are entitled to Rs. 2,500/- as stamp charge and Rs. 265-25 as registration charges from the vendors. On the ultimate analysis the suit was decreed.;