(1.) THIS is an appeal from the decision of Pratt J. in an Originating Summons.
(2.) THE facts are that, on the 18th September 1878, one Vishvanath Narayan Mandlik conveyed to one Ganpatrao Bhaskar Kothare a plot of vacant land measuring 2843 square yards at Altamont Road for the consideration of Rs. 5,664. This plot formed part of a larger piece of land belonging to the vendor. THE sale-deed was in Marathi and contained certain covenants purporting to reserve for the vendor, his heirs, Vahivatdars and donees certain rights of pre-emption, which covenants have given rise to the present dispute.
(3.) IN 1897, Vinayakrao conveyed inter alia his share in the suit property to his three brothers; consequently that share was held by them as purchasers and not as devisees. The suit property has remained undivided, the persons at present entitled to it being Dinkarrao, Vinayakrao, and Sundrabai as heiress of her surviving son Narayanrao. For the purposes of partition it became necessary to sell the property, so the plaintiffs filed this suit as an Originating Summons in order to have the rights of the first defendant under the sale-deed of 1878 determined by the Court.