KRISHAN DAS AGRAWAL Vs. KANHAIYALAL

JUDGEMENT

(1.) THIS is plaintiff's appeal from the decree dated 9 -4 -1974 of the District Judge, Gwalior, in Civil Appeal No. 20 -A/1967, by which the decree for pre -emption dated 31 -7 -1967 of the First Civil Judge, Gwalior, in C.S. No. 261 -A/1961 was reversed.

(2.) QANOON Haqshafa (Riyasat Gwalior), Samvat 1992, which came into force on 5th July 1936, was repealed by the M. P. Legislature by the Act No. XIV of 1968, it contained no other provision whatsoever. It was published in the Government Gazette on 28 -6 -1968 when the vendee's appeal was pending before the District Judge.

(3.) THE suit, which was filed against the vendee on 5 -12 -1961, was based on the following averments: The plaintiff's father Badri Prasad, who owned the suit house, sold it to one Nathmal alias Nathulal - - father of aforementioned Ramchandra - - by a registered sale -deed dated 24 -4 -1909, when Nathmal alias Nathulal executed a registered agreement dated 24 -4 -1909 (Ex. P. -2) in favour of Badri Prasad binding himself to make the first offer of sale of the suit house to his vendor Badri Prasad whenever the occasion arose.