(1) This is an application against the order of the trial court (Munsiff Billawar) dated 26-6-71 retuning the plaint to the plaintiff for presentation to the proper court. The plaintiff filed an appeal before the District Judge, Kathua against this order. The District Judge also affirmed the order of the trial court vide his order dated 4-7-1972.

(2) The suit out of which this application arises was a-suit for pre-emption and possession of the land in suit. According to the allegations of the plaintiff in his plaint, he sought to exercise his right of prior purchase over the land sold to the defendant-vendee on the ground that he had a preferential right to purchase the property. The land was sold to the defendant vendee by the vendor for a sum of Rs 400/-but the vendee had constructed a house on the land before the sale and after the agreement to sell was executed in his favour by the vendor. It may be noticed here that the defdt. vendee constructed a house over the land before his title was completed by execution of the sale deed. At the time when the vendee constructed the house, the vendor had given the possession of the land to the vendee but had not yet parted with th

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