Hanwant Rai vs Chandi Prasad - 1929 Supreme(All) 21

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

1929 Supreme(All) 21

Hanwant Rai – Appellant
Versus
Chandi Prasad – Respondent

JUDGMENT

1. This is an appeal by one who was arrayed as defendant 1 in the original suit. The suit arose under the following circumstances: The appellant Hanwant Rai sold, on 12th February 1912, a certain amount of property to Mulai and two others for the sum of Rs. 9,000. Kauleshar Rai, who has since died, brought a suit for preemption on 7th September 1912 and obtained a decree, on condition of payment of the entire consideration of the money of Rs. 9,000, on 25th January 1913. He deposited the money that he was required to do under the decree and obtained delivery of possession. The appeal to the High Court was dismissed. Kauleshar and his joint brothers who are plaintiffs 3 and 4 in this action, sold a half share in the property pre-empted to the plaintiffs 1 and 2 of the suit and three others, on 6th August 1916. The sons of Hanwant Rai challenged the sale made by their father, by suit No. 79 of 1919, and, eventually, got a decree for possession from the Court of first instance and also by the Court of appeal. The decree directed that on condition of payment of Rs. 2761/8, the plaintiffs, namely, the sons of Hanwant Rai, would be entitled to recover possession. They deposited t

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