TEHOO RAM Vs. DALIP SINGH

JUDGEMENT

(1.) IN order to appreciate the points of law arising in Regular S. A. No. 271 of 1949, the facts of the case may be set out in some detail.

(2.) ON 30-1-1947, Trikhu sold the lard in suit to defendants Nos. 2 to 7 for Rs. 3,000/ -. On 1-1-1947, Dalip Singh and Tega instituted civil suit No. 320 of 1947 for possession of the land in suit by pre-emption on payment of Rs. 3,000/ -.

(3.) DEFENDANTS Nos. 2 to 7 challenged the plaintiffs' right to pre-empt. In decreeing the suit the court of first instance found that the plaintiffs had a superior right of pre-emption as against the vendees. Admittedly, Dalip Singh and Tega plaintiffs and defendants Nos. 2 to 6 are collaterals of Trikhu in equal degree. Sunkoo defendant No. 7 was a stranger and defendants Nos. 2 to 6 having associated with Sunkoo sank to the level of Sunkoo on the date of the sale.