MANJIT SINGH Vs. KIDAR NATH

JUDGEMENT

(1.) RESPONDENT Kidar Nath filed a suit for declaration that he had preferential right to purchase rights of defendant No. 4 Smt. Leela Wanti, widow of Jagan Nath, in the suit shop by virtue of family settlement incorporated in the award and decree dated 29.8.1953 and sale of the said shop by defendant No. 4 in favour of defendant Nos. 1 to 3 was void being against the family settlement. The plaintiff claimed right to recover the said shop on payment of Rs. 40,000/- which was the sale consideration of the said property in favour of defendant Nos. 1 to 3.

(2.) THE suit property along with other property was jointly owned by the plaintiff and Jagan Nath, husband of defendant No. 4 who were brothers. The said property was partitioned by way of family settlement which was finally recorded in a decree of court dated 29.8.1953. One of the terms of the award was that if either party wanted to sell his share, the co-sharer will have preferential right to purchase the same at market price and intending vendor shall serve one month's notice to the other co-sharer before the sale. In view of this stipulation, case of the plaintiff was that defendant No. 4 could not sell the suit property without notice to the plaintiff, who had preferential right to purchase the same at market price. Since defendant No. 4 had sold the suit property for Rs. 40,000/-, the plaintiff had preferential right to purchase the same for the said amount.

(3.) THE trial Court decreed the suit. Following findings have been recorded :-