Himachal Pradesh Court November 1974 Judgments

Smt. Raj Dulari Vs. Tarsem Singh and anr.

Court: Himachal Pradesh

Chet Ram Thakur, J. 1. This Letters Patent Appeal is directed against the judgment and decree of a learned single Judge of the Delhi High Court, Himachal Bench, Simla, affirming the judgment and decree of the learned District Judge, decreeing the pre-emption suit filed by Tarsem Singh present respondent against Smt. Raj Dulari vendee, and his father Gulzar Singh, who had sold the land by a registered deed for a sum of Rs. 10,000/- on 24-4-1967. The plaintiff brought a suit for possession on the ground that the sale had been made by his father simply to deprive him of his rights and that the sale consideration as shown in the registered deed at Rupees 10,000/- was fictitious and that the only consideration that passed was Rs. 5,000/-. The plaintiff being the son of the vendor had a preferential right, and as such he sued for possession of land on payment of Rs. 5,000/- Smt. Raj Dulari contested the suit and pleaded that the plaintiff was made a figure-head and that the suit had been fil...