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1963 Supreme(Gau) 55

T.N.R.TIRUMALPAD
Haobam Gopalmacha Singh – Appellant
Versus
Sapam Chaoyaima Singh – Respondent


Advocates:
R. K. Manisana Singh, for Petitioner; N. Ibotombi Singh, for Respondent No. 1.

ORDER :

The point involved in this revision petition is very short. The first respondent as plaintiff filed a suit T. S. No. 88 of 1962, claiming right of pre-emption, against the petitioner (first-defendant) and against the second respondent (second defendant). His case was that the second respondent sold the suit land to the petitioner in violation of the first respondents right of pre-emption. In paragraph 5 of the plaint, he had stated that though the consideration was shown in the document as Rs. 11,000/-, the real consideration was only Rs. 6,000/-. Further, in paragraphs 6 and 7 of the plaint, the first respondent had stated that on getting notice of the sale, he had asserted his right of pre-emption to the defendants on 9-2-1962, which they refused to comply with and that he made a second demand the very next day in the presence of witnesses, with which also, the defendants refused to comply. The petitioner in para 6 of his written statement had denied the allegations made in paragraph 5 of the plaint regarding the fictitious consideration and the real consideration. In para 7 of the written statement he stated that he denied all the allegations contained in paras 6 and 7 o





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