SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

1956 Supreme(Pat) 170

RAJ KISHORE PRASAD, V.RAMASWAMI
Mt. Domini Kuer – Appellant
Versus
Ramsaran Lal – Respondent


Judgment

Raj Kishore Prasad, J.

1. This appeal by the purchaser, defendant 1, is against a decree for pre-emption passed in favour of the pre-emptors-plaintiffs-respondents 1 to 4.

2. In this case, all the parties -- the pre-emptors, the vendors and the vendee -- are all Hindus. It is not disputed that the Mohammadan Law of Pre-emption applies to Hindus also.

3. Defendants 2 to 5, the vendors, had a house situated in Mahalla Dhami Tola in the town of Gaya. They sold the house to defendant 1, the appellant, under a registered deed of sale dated 31-1-1946, for Rs. 2,000/-. It is admitted that the sale deed was executed and registered on one and the same day, that is, on 31-1-1946. The consideration money of the sale was paid, and, the exchange of equivalents, that is, the handing over of the registration receipt to the vendee, took place on 7-2-1946. The sale deed was copied in the register of the Registration Department, and, the registration was complete on 9-2-1946.

4. The plaintiffs case was that they had their residential house contiguous west of the house of defendants 2 to 5, which was sold by them to the appellant. They learnt about the sale for the first time on 2-2-1946, on




































Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top