BURHAMAL LAMBA Vs. MAHESH CHAND

JUDGEMENT

(1.) Heard Sri K.N. Saxena, learned Counsel for the Defendant-Appellant. Although the cause list has been revised none appears on behalf of the Respondents. This second appeal is of the year 1978 and has been listed for hearing under the heading of old cases. At the time this appeal was admitted the following substantial questions of law were framed by order dated 10.5.1979:

(2.) Because Plaintiffs having never set up the case that Custodian department surrendered their lease hold rights, the appellate Court erred in making out a new case never set up by Plaintiff.

(3.) Sri K.N. Saxena, learned Counsel for the Appellant submits that Kunwar Bihari Lal the original lessee had executed the sale-deed on 30.3.1943 with respect to 8 shops and gate in favour of Fariduddin. On 19.4.1943 Gopal Bihari Lal and his 5 sons executed a sale-deed of 1/3rd share in the plot including 8 shops in favour of Mahadeo Prasad and Kailash Nath. In the year 1943 Sant Narain, Raj Narain and Har Narain who are sons of Madho Narain executed a sale-deed of their 1/3rd share and 8 shops and gate in favour of Mahadeo Prasad and Kailash Nath. Against the aforesaid transfer Kunwar Bihari Lai filed a suit for pre-emption and ultimately the suit was decreed by the Civil Court, whereupon Kunwar Bihari Lal obtained possession in his favour. The appeals filed there against up to the stage of High Court were dismissed and the decree of the pre-emption suit was confirmed.