KHAIR DIN AND ANOTHER Vs. SAIN AND ANOTHER

JUDGEMENT

(1.) THESE two second Appeals Nos. 24 and 25 of 1947 can be decided together by this judgment.

(2.) IN 1943 there was a sale of certain property by Gokal Chand in favour of Khair Din. Later Khair Din sold this property to Muhammad Shafi. In May 1944 two suits were brought for pre -emption, one was by Sain and Muhammad Sharif and the other was by Wadhawa Mal and Malawa Mal, The points on which the plaintiffs stated that they had superior rights of pre -emption were that they were co sharers in khata No. 204 with regard to which the finding of both the Courts is that they are not. The second point on which the superior right of preemption was claimed was that they were owners in the estate. Khair Din and Muhammad Shafi stated that they were owners in the estate because of a gift in their favour by Mahand before the institution of the suits. The learned District Judge dealing with these points observed as follows: