Bal Raj Tuli, J.

1. The plaintiff Dalbir Singh filed a suit for possession of agricultural land mentioned in the plaint by pre-emption. The land sold was owned by Suba Singh, defendant 1, who sold it for Rs. 22,000/- in favour of defendants 2 to 5 by a sale-deed dated May 27, 1965. The plaintiff is the son of the vendor and on the basis of the relationship, he claimed the right to pre-empt the land. In the plaint he stated that only Rs. 1,000/- had been paid and that was the market price of the land and he asked for a decree in his favour on payment of Rs. 16,000/-. The vendees filed a written statement in which they pleaded that the suit was benami for the vendor, it was bad for partial pre-emption and the value for court-fee and jurisdiction had not been correctly given. It was further submitted that the land was banjar on the date of sale and the vendees had reclaimed it. They claimed expenses of stamps and registration of the sale-deed and the cost of improvements. On the pleadings of the parties, the following issues were framed ?

1. Whether the plaintiff has a superior right of pre-emption ?

2. Whether the price was paid or fixed in good faith ?

3. If issue No. 2 is n