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1929 Supreme(All) 561

Surajmal – Appellant
Versus
Shankar – Respondent


JUDGMENT

1. This is a defendants' appeal arising out of a suit for pre-emption. Before the sale took place a notice was sent by registered post to the plaintiffs, but the lower appellate Court has found that this was not actually served on them. The defendants appealed and on their behalf a ground was taken that the mere posting of a notice was quite sufficient and that service of it was immaterial. This contention cannot be accepted. Section 14 of the Act does not say that a notice is merely to be sent to all the persons having a right of pre-emption but prescribes that the cosharer proposing to sell may "give notice by registered post to all such persons" which undoubtedly implies that the notice must be given to the persons concerned. The use of the word "issue" in Section 15 is ambiguous, but reading the whole of that section, particularly the later portion of it which lays down that the right of pre-emption would not be extinguished unless such person within the period of one month of the receipt of the notice communicates his intention to purchase, no doubt is left that service on the pre-emptors is essential. Their right is only extinguished when they allow one month to expir

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