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1929 Supreme(All) 563

Phul Chand – Appellant
Versus
Gobardhan Das – Respondent


JUDGMENT

1. This is a defendant's appeal arising out of a suit for preemption brought to pre-empt the property sold under a deed dated 29th September 1924 by Mahadeo to Phul Chand the defendant-appellant. The sale consideration mentioned in the deed was Rs. 12,201. The plaintiff alleged that he was a cosharer in the village and the defendant vendee was a stranger and that the true sale consideration was only Rs. 10,000. The suit was defended by the defendant on various grounds. In the first place it was denied that the plaintiff was a cosharer and it was pleaded that the alleged adoption set up by him was invalid. It was further pleaded that the defendant had become a cosharer in the mahal by virtue of a gift taken on 17th December 1924 and was entitled to defeat the claim. It was further pleaded that the Bundelkhand Alienation of Land Act was a bar to the present claim. The learned Subordinate Judge has found all the issues against the defendant and has decreed the claim, giving the plaintiff half of his costs from the defendant.

2. The defendant has appealed and the plaintiff has filed a cross objection only as to costs. The question of consideration is not now in dispute before us

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