DIXIT, CHATURVEDI
Fuljari Lal – Appellant
Versus
Ram Sarup – Respondent
DIXIT, J.
These two appeals arise out of a pre-emption suit in which a decree for pre-emption in respect of certain lands for Rs.9115/- has been passed by the Court of District Judge Bhind in favour of the plaintiff Fuljarilal. The Appeal No.29 of 2005 is by the plaintiff and is concerned solely with the question of the amount for which the plaintiff Fuljari Lal is entitled to exercise his right for pre-emption. The other appeal is by the defendant Ram Swarup with regard to the costs of the suit decreed against him. On 30-5-46, one Bhando Lal sold a piece of land situated in Bhind to Ram Swarup by a registered sale deed which contained a recital of a consideration of Rs.9115/-. After the sale of the house by Bhando Lal to Ram Swarup, the plaintiff Fuljari Lal brought a suit for pre-emption alleging that the sale was really for Rs.6000/-, the amount which was actually paid before the Registrar and that the recital in the sale deed that Bhando Lal had received Rs.3115/- from Ram Swarup on the previous day was fictitious. The plaintiff claimed to be entitled to exercise his right of pre-emption in respect of the land for a sum of Rs.6000/- only. The defendant asserted in his
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