KANHAIYA LAL, SULAIMAN
Shah Ram Chand – Appellant
Versus
Shah Lal Chand – Respondent
JUDGMENT
Kanhaiya Lal, J
1. This appeal and the cross-objection arise out of a suit for pre-emption, and the main question for consideration is whether the plaintiffs respondents are entitled to a preferential right of purchase as against the defendants vendees. The sale in question was effected by the defendants Nos. 3 to 13 in favour of the defendant No. 1 and the father of defendant No. 2, for a consideration of Rs. 22,000 on the 27th of May, 1919; and the property sold comprised a 3 biswa share in patti No. 14, with the rights appertaining thereto in shamilat pattis Nos. 17 and 18, in the thoh known by the name of thok 12 biswas in the village Kadipur. The allegation of the plaintiffs was that they were co-sharers in that thoh and that the defendants vendees were strangers. - The court below found that the village Kadipur comprised 2 thohs, that the plaintiffs were co-sharers in the thoh in which the property in suit was situated and that the defendants vendees were co-sharers in the other thoh. It further found that the plaintiffs were entitled to a preferential right as against the defendants vendees and that the sale consideration actually paid was Rs. 22,000. It accordingly
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.