RAKHAMABAI Vs. ASRUBA DAJIBA WANVE

JUDGEMENT

(1.) The only question in this second appeal is whether the plaintiffs have a right of pre-emption in respect of the suit land. Both the courts below have held that the plaintiffs have such a right and, therefore, the decree passed by the trial Court in favour of the plaintiffs confirmed by the lower Appellate Court by dismissing the appeal. This appeal arises out of the following facts.

(2.) Survey No. 126 of village Patoda in Beed District originally belonged to defendant No. 6. The total area of the land is 9 acres 29 gunthas. Defendant No. 6 sold the entire land to plaintiffs, to defendant Nos. 2 to 5 together and to Manik Hari, father of defendant Nos. 7 and 8 by a registered sale Deed dated 24th April, 1957. According to the plaintiffs themselves, the entire land was being cultivated jointly by all the persons. According to the plaintiffs, the plaintiff No. 2 had four annas share whereas plaintiff No. 1, defendant Nos. 2 to 5 and Manik Hari each had two annas share in this land.

(3.) On 28th February, 1967, defendant Nos. 2 to 5 and Manik Hari sold 3 annas 9 pies share to defendant No. 1 who is respondent No. 3 in this second appeal for Rs. 700/- but the registered Sale Deed was yet to be completed. The present plaintiffs filed Regular Civil Suit No. 52 of 1968 for enforcing their right of pre-emption, but subsequently they withdrew this suit because the Sale Deed was not yet completed. This Sale Deed was ultimately completed on 26th August, 1969. The plaintiffs alleged that they came to know of this Sale Deed on 27th August, 1969 and hence on the same day, they made the necessary two demands as required by law. As their demand was not complied with they filed Regular Civil Suit No. 197 of 1970 on 18th August, 1970 for enforcing the right of pre-emption.