ABDUL HAKIM Vs. JAN MOHAMMAD

JUDGEMENT

(1.) This is an appeal from the judgment & decree of the learned Civil Judge of Basti upholding the decree of the learned Munsif of Bansi by which he partially decreed a claim for preemption. The relevant facts are as follows:

(2.) On 14-9-1944, Hari Prasad & Bhawa, defts. 10 & 11 sold certain Zamindari property to the defts. 1st party. There were originally seven vendees, one of them died during the pendency of the suit & his heirs, seven in number, were substituted in his place.

(3.) A perusal of the sale-deed shows that the sale of the vendees was in specified shares. Half of the property was sold to Abdul Hakin, minor,, deft. 7, who is applt. l in this Ct., & the remaining half was told in equal shares to the rest of the vendees. The sale consideration was RS. 17,000. Some of the vendees were co-sharers with the vendors but some were strangers. On 1-11-1944,, the stranger vendees executed a deed of exchange in favour of the defts. second party & those vendees who were co-sharera from before the sale. The pltfs. assailed this exchange on the ground of fraud & also that it was void so far as Abdul Hakim, applt. I, was concerned as it was executed by an unauthorised person on his behalf. It was also contended that the exchange was invalid as the necessary sanction required by Section 12, U. P. Regulation of Agricultural Credit Act, 1940, had not been obtained.