DAYA NAND Vs. KAUSHALYA DEVI

JUDGEMENT

(1.) The suit land had been sold by Ratna Devi, defendant No. 1 (now respondent No. 2) in favour of defendants Nos. 7 to 14 and Nihal Chand, predecessor-in-interest of defendants 2 to 6. Kaushalaya Devi (now respondent No. 1) filed this pre-emption suit. She claimed a superior right of pre-emption on the ground that she was the daughter of the vendor.

(2.) Only defendants 4, 6, 9, 10 and 14 filed written statement contesting the suit. They denied plaintiff's right of pre-emption and further pleaded that the plaintiff took active part in the sale transaction and thus, waived her right. They took up other pleas also but those are not material for the purpose of this judgment. The plea of waiver formed the subject matter of issue No. 4. That issue reads as follows :-

(3.) The learned counsel for the defendant-appellants argued that on the facts proved on the record, it is clear that the plaintiff had waived her right of pre-emption by her conduct. As there was lot of controversy between the parties before me, upon the point as to what act or conduct of a pre-emptor can amount to waiver of his right of pre-emption, I may first take up the various rulings cited by the learned counsel for the parties.