Modi, J.—This is a first appeal by the plaintiffs Sampatraj and others against the judgment and decree of the Civil Judge, Pali dated the 30th July, 1951, in a suit for damages for breach of contract relating to sale of land.

2. The dispute between the parties arises out of an agreement to sell bapi rights in respect of a well called Kosita in Sojat, which was held by the plaintiffs as bapidars. The plaintiffs case was that sometime in 1949, when they wanted to sell their rights in respect of the well in question, defendant-respondents, Pokar and three others, who were tenants at the well and cultivated the land appertaining thereto suggested that the former might consult then before transferring their rights to anybody else as they had spent considerable labour and money on it. Accordingly, the plaintiffs informed the defendants that defendant-respondent Bhanka was willing to purchase the plaintiffs right. Thereupon it was settled that the plaintiffs might hold a sort of an auction between Bhanka and the existing tenants and this was agreed to. The result was that on the 20th January, 1949, an auction was held and defendant Jagga gave the highest bid of Rs. 21,000/-. Thereafter Bha

Click Here to Read the rest of this document