Tek Chand, J. - (1.) This is defendant's appeal from the judgment and decree of the District Judge, Barnala, affirming that of the trial Court decreeing plaintiff's suit for possession by way of pre -emption of agricultural land.
(2.) The facts giving rise to this case are that Jai Kaur, widow of Bir Singh sold 15 bighas and 18 biswas of land in favour of Kiru Singh, Hazura Singh and Kapur Singh, sons of Mohabat Singh, by a registered deed of sale dated 4th July, 1961, for Rs. 5U00/ -. Harnam Singh is the brother's son of vendors husband the plaintiff in his plaint asserted his claim to the right of pre -emption on the ground of relationship as stated above.
(3.) In the written statement, the defendants raised an objection that the plaintiff had not indicated as to how he asserted his pre -emptive right simply stating that he is the collateral of the vendor's husband is not enough. It was asserted that Rs. 5000/ was genuine price and was actually paid. Further a sum of Rs. 625/15 nP, was also claimed as the amount spent for the purchase of stamp paper for the sale deed and for other incidental expenses. The trial Court framed the following issues: (1) Whether the plaintiff has a superior right of pre -emption from that of vendees -defendants ? (2) Whether the sale price was actually paid or fixed in good faith ? (3) If issue No. 2 be not proved, then what is the market value of the land in suit ? (4) Whether the vendees -defendants are entitled to the sum of Rs. 62fc.50 nP. in case the decree is passed as is alleged by the vendees defendants ? (5) Relief. The trial Court found the relationship established and the right of preemption of the plaintiff under Sec. 15 (2) Secondly of the Punjab Pre -emption Act was established. Consideration was found to be proved to the extent of Rs. 4100/ - only and this was also the market value. It was found on the fourth issue that the plaintiff would have to pay further a sum of Rs. 600/ besides Rs. 4100/ -. Plaintiff's suit for possession by way of pre -emption was decreed against the defendants with the direction that the plaintiff would deposit Rs. 4700/ - in the Court by 29th of July, 1963.;