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1981 Supreme(All) 489

DEOKI NANDAN
QUDRAT ULLAH – Appellant
Versus
MOHAMMAD YASIN – Respondent


Advocates Appeared:
G.P.MATHUR, M.A.QADEER

DEOKI NANDAN, J.


( 1 ) THIS is a plaintiffs second appeal in a suit for pre-emption. The plaintiff Qudrat Ullah and the third defdt. Smt. Akhtari Begum were said to be the co-owners of a house of which a Kotha was sold by the third defendant to defendants Nos. 1 and 2 by a sale deed dated 13th July. 1970, registered on 18th July, 1970. The plaintiff alleged that he himself had sold a half share in the house to the third defendant some three years before the suit, that is, some time in the year 1968 for Rs. 750/- that the plaintiff and the third defendant were in joint possession of the house, but for some time past the plaintiff was living at Delhi in connection with his business and that when he visited Amroha during the mango season, in 1971, he found the defendants Nos. 1 and 2 to be in occupation of a portion of the house. The plaint proceeds On to allege that the plaintiff thereupon inquired from the defendants Nos. 1 and 2 as to how they were living in the house, but he did not get any satisfactory reply, rather, he was told that he should inquire about it from the third defendant. Thereupon, the plaintiff made inquiries from the third defendant, who told him that she had sol
























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