BADRI DATT Vs. SHRIKISHAN

JUDGEMENT

(1.) THIS is a Letters Patent appeal against a judgment of a learned single Judge who dismissed the appeal but granted leave to file an appeal before a Division Bench.

(2.) ACCORDING to the allegations in the plaint the property in suit belonged to one Madhwa Nand who died about 24 or 25 years back leaving a widow Srimati Madhav Sundari who was impleaded as defendant 2. On 17-12-1943, Srimati Madhav Sundari sold certain shares in three villages, 'mauza' Bamanpuri, 'mauza' Bamanpuri Genth and 'mauza' Har to defendant 1, Sri krishan Upadhyay for Rs. 1,500/ -. It was alleged in the plaint that no amount was paid but the plaintiffs were willing to pre-empt the property on payment of Rs. 1,500/- or such other sum as the Court might find reasonable. The suit was filed by six plaintiffs, Badri Dutt, Hansa Dutt upadhyay, Shambhu Dutt, Jai Krishn, Durga and Tika Ram.

(3.) THE suit was contested on several points, one of the points raised being that three of the plaintiffs were strangers and had no right to claim pre-emption those three being Hansa Dutt, durga Dutt and Tika Ram and the whole suit must therefore fail.