RADHA PRASAD SINGH Vs. CAJADHAR SINGH

JUDGEMENT

(1.) Though a number of questions, some of fact and some of law were originally raised in this suit for pre-emption, the main question for consideration in this appeal from the judgment of the High Court of Patna reversing the decree for pre-emption granted by the Trial Court, the Subordinate Judge of Monghyr, is the question on which the High Court based its decision of reversal. That question is whether the ceremonies essential for exercising the right of pre-emption were properly performed. Issue No. 9 in which this question was raised is in these words:

(2.) The plaintiff Radha Prasad Singh brought this suit for pre-emption in respect of 5 items of property described in Schedule B of the plaint which along with certain other properties were sold by the Defendant 2nd Party Mst. Jogeshwari Kumari alias Jogeshwari Kumari widow of Babu Ganga Prasad Singh deceased and daughter of Babu Narsingh Prasad Singh by a deed executed on 18-11-1943, at Moghra and registered on 23-11-1943, at Monghyr.

(3.) The Trial Court held that the plaintiff had failed to prove that he was a co-sharer in respect of Item 2 of Schedule B. As regards the other 4 Items of properties he held that the plaintiff was a co-sharer and as already indicated he gave the plaintiff a decree for pre-emption in respect of these 4 Items.