- (1.) This regular second appeal is directed against the judgment and decree of the first appellate court affirming on appeal those of the trial Court dismissing the suit of the plaintiff-appellant for possession by pre-emption.
(2.) The facts :- Smt. Mamkauri widow and Udmi Ram, Hazari Ram and Asha Ram sons of late Mahna son of Panna were the owners of agricultural land measuring 51 Kanals 6 Marlas situated in village Shahpur Begu, Tehsil and District Sirsa. They sold the same to Mohan Ram etc., defendant-respondents vide sale deed dated 16/06/1977 for an ostensible consideration of Rs. 32,062.50 P. The plaintiff appellant sought to pre-empt the land on the ground that he was a co-sharer and had a superior right to pre-empt qua the vendee-defendant respondents. The suit for possession by way of pre-emption was filed by him on 15/06/1978.
(3.) From the pleadings of the parties, the trial court framed the following issues:- (1) Whether the plaintiff has a superior right of pre-emption? OPP (2) Whether the sale price of Rupees 32062.50 P was fixed in good faith and was actually paid at the time of sale? OPD (3) Whether the sale deed was in the knowledge of the plaintiff? OPD (4) Whether the defendants are entitled to improvement charges on the suit land? OPD (5) Relief.;