GOBIND RAM Vs. RIKHI RAM AND ORS.

JUDGEMENT

(1.) In this second appeal by the Plaintiff the main question that arises is whether the Plaintiff who is a tenant has got a superior right of pre -emption when the sale is of a share of a joint property by several co -sharers including a female, who has succeeded to the property through her son.

(2.) The facts of the case giving rise to this second appeal may briefly be mentioned as.

(3.) The suit land was 1/3rd share of the entire land measuring 73 kanals and 1 marla situate in village Oyc. Sarvshri Chuhru Ram, 15eli Ram, Naulu Ram, Lachhi Ram, Pohlo Ram and Smt. Mahanti sold their 1/3rd share in favour of Rikhi Ram and others for a sum of Rs. 2,000 vide a registered sale -deed, dated 26th March, 1965. The plaintiff alleged himself to be a tenant of the land and he had, therefore, filed a suit for pre -emption. The defendants denied the plaintiff's right of pre -emption. Further it had also been specifically pleaded in the written statement that one of the vendors was one Mahanti, who was a female and as such the plaintiff could not under law exercise the right of pre -emption in respect of the entire land.