MALKHAN SINGH Vs. SADHU

JUDGEMENT

(1.) This is a plaintiffs appeal in a suit for pre-emption.

(2.) On 22-7-1945, a sale deed was executed by one Mahabir Prasad in favour of Sadho Ram and Sita Ram. Next day a suit for pre emption (Suit No. 345 of 1915 was filed by the present appellant and subsequently on 5-9-1945, another Suit No. 393 of 1945 was filed by Bharat Singh and others for pre empting the same property. During the pendency of the suit, on 18-10-1945, the plaintiffs in Suit No. 393 of 1945, Bharat Singh and others, became co-sharers by a deed of exchange in the same Khewat. It may be mentioned that the plaintiff Malkhan Singh was a co-sharer in the mahal.

(3.) This case was heard by a learned single Judge of this Court who considered it necessary to refer it to a Bench with the following observations :