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1960 Supreme(P&H) 216

GURDEV SINGH
Bai Chander Mani D/o Hari Ram Sanghi – Appellant
Versus
Bhagirath S/o Sewa Ram Ahir – Respondent


Judgment

Gurdev Singh, J.

1. On the 10th of June, 1958, the appellant Bai Chander Mani brought a suit for pre-empting the sale of agricultural land situate in village Murari Pur, District Narnaul, by her father Hari Ram and her mother Kushalya Devi for Rs. 4,000/- in favour of Bhagirath defendant No. 1 vide sale deed dated the 30th of May, 1957. She claimed right of pre-emption on the plea that she was the daughter of the vendors. She disputed the sale price and prayed for a decree in her favour on payment of Rs. 1,800/- only, on the allegation that the remaining sale consideration has been fictitiously entered in the sale-deed. The vendee, while contesting the suit, denied the plaintiffs preferential right of pre-emption and also asserted that the entire consideration of Rs. 4,000/- mentioned in the sale deed had been paid nor was it the market price of the properly in dispute. He further pleaded that the suit was barred by time. On trial of the relevant issues the learned Subordinate Judge found that the consideration of the sale was only Rs. 3,700/- and this was also the market price of the property in suit. He, however, dismissed the suit as barred by time.

2. The plaintiff went







































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