AMIR MOHAMMAD KHAN Vs. MOHAMMAD AHSAN KHAN

JUDGEMENT

(1.) These are three connected appeals and a cross-objection arising out of a suit for pre-emption. Mt. Hafis Fatima and Mt. Qadir Fatima were owners of a two-third share in zamindari in certain khewats in village Shahjahanpur, pergana Kithore, tehsil Mowana, district Meerut. There were certain abadi plots also appertaining to these khewals, in which the two ladies had a two-third share. On some of these abadi plots there were houses of the vendors as wall as of riyayas.

(2.) On 21st September 1943, Mt. Hafiz Fatima and Mt. Qadir Fatima sold their two-third share in certain specified abadi plots to Sher Zeman Khan and Abdul Rauf Khan for a sum of Rs. 3,000/-. It is a matter of dispute whether by this sale-deed they transferred the rights of the vendors in the houses that stood on the plots. On 10th November 1943, the two ladies executed a deed of rectification in respect of the sale-deed of 21st September 1943. This deed of rectification is not questioned by any party in this litigation.

(3.) On the same date the vendees Sher Zeman Khan and Abdul Rauf Khan retransferred the share in one plot along with the house standing thereon to Qadir Fatima for a sum of Rs. 50/-. On 18th November 1943, the vendees again retransferred the shares of the original vendors in nine other plots along with the houses standing thereon to Qadir Fatima for a sum of Rs. 400/-. The property covered by those two sale-deeds was part of the property originally transferred under the sale-deed of 2lst September 1943. Thus the situation after the sale-deed of 2lst September 1943, was that the vendees had parted with a portion of the property originally purchased by them and had been left with the remaining property. On 23rd November 1943, the plaintiffs Mohd. Ahsan Khan and others filed a suit which has given rise to these appeals for pre-emption in respect of the entire property covered by the sale-deed of 21st September 1943. In the plaint they claimed that the sale-deed had transferred not only the abadi plots but also the houses standing thereon and that, therefore, they were entitled to possession of the plots along with the constructions.