Law:

Section:

The disputed property comprising an area of two Kanals of land fully described in the plaint was owned by Nadir Khan who made sale of the same to the vendees. Fazal Elahi respondent minor son of Nadir Khan instituted his suit to pre-empt the said sale.   A rival suit for possession by pre-emption was filed by Roora on the alleged qualification of being a collateral of Nadir Khan vendor.   The sale price of Rs.12,000 as mentioned in the registered sale-deed was not accepted by the pre-emptors. Fazal Ellahi pre -emptor took up the stand that the rival suit was instituted by Roora pre-emptor at the instance of and for the benefit of the vendees. Roora pre-emptor also raised the plea that the suit instituted by Fazal Elahi minor son of Nadir Khan vendor was collusive with the vendees and for their benefit.   Both the suits were contested by the vendees against the pre-emptors and the pre emptors inter se.   According to the epitomised pleadings of parties of both the suits following issues were framed for determination by the learned Trial Court:---   ISSUES:   Which of the pre-emptors has got preferential right of pre-emption interest? OP. Pre-emptors.   Whether the suit of the rival pre emptors has been instituted at the instance and for the benefit of vendees, if so, what effect? OP. Fazal Elahi.   Whether the ostensible sale price of Rs.12,000 was fixed in good faith or actually paid to the vendor? OP. Vendees.   Market value? OP. Parties   Whether the suit of Fazal Elahi is collusive with the vendees and for their interest? OP Rival pre-emptors.   Relief.   The parties produced their evidence. Mst. Surriya Begum mother of Fazal Elahi minor-plaintiff appeared as P.W.2 who was cross-examined on the point of the source of amount to be paid as pre-emption money. The parties produced their remaining evidence as well. Expressing that Fazal Elahi minor pre -emptor has failed to establish the finances with him and also that with his mother Mst. Surriya Begum, learned Trial Court held that he being a minor had instituted the suit for the benefit of the vendees who were bearing expenses of the suit having been…