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1958 Supreme(Raj) 57

MODI
Surajmal – Appellant
Versus
Bheroola1 – Respondent


Advocates Appeared:
M.M. Vyas, for Appellant; Chandmal, for Respondents

Modi, J.— The appellant Surajmal and the respondents Bheroolal and Gokulchand are rival pre-emports and obtained a joint decree in a suit for preemption by which the right of the appellant to pre-empt was adjudged superior to that of Behroolal and Gokulchand. By this decree which is dated the 5th May, 1945, the trial court (Hakim of Sambhar) declared that Surajmal appellant do pay a sum of Rs. 850/- in court by or before the 15th June, 1945, whereupon he would be entitled to receive possession of Dhularams house from defendants Nos. 1 to 5 (Ganeshilal and others, vendees. It was further provided by the decree that if Surajmal fails to deposit the amount, (apparently meaning thereby, by or before the 15th June, 1945) then the decree, passed in his favour shall stand cancelled. In that event it was further provided that if Gokulchand etc, should deposit the sum of Rs. 850/- before the 5th July, 1945, in court, they would be entitled to obtain possession of the house. Certain other directions as regards costs were also made in the decree, but with those we are not concerned for the purposes of the present appeal. The appellants case is that he paid the decretal amount (in fact he alle


































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