SONABASHI KUER Vs. CHAUDHURY RAMDEO SINGH

JUDGEMENT

(1.) This appeal by the defts. is directed against a decree for pre-emption granted by the Addl. Subordinate Judge at Arrah.

(2.) It arises out of a suit for specific performance of a contract for the sale of two annas share in milkiat property in mauza Kurasan, bearing tauzi No. 14290, in pursuance of a deed of contract executed by the deft., first party in favour of the pltf. It was alleged in the plaint that, despite this contract the deft., first party, on 12-6-1943, sold this property to the defts'. second party. The plfcf., as an alternative to the prayar for specific performance, claimed pre- emption as being a co-sharer proprietor in respect of eight annas share in tauzi NO. 14290. The learned Subordinate Judge found that there was a contract to sell as alleged, & that the defts'. second party purchased the property with knowledge of the contract to sell but he refused specific performance on the ground that the pltf. is a minor & the contract was unenforceable for want of mutuality. Only the defts. have appealed.

(3.) Two points were urged on behalf of the applts. : (1) that pre-emption between Hindus is Bihar applies as a matter of custom, & the pltf. must fail in this case, because he has not pleaded the custom of pre-emption and (2) that the claim to pre-emption must fail on the ground that the demands (talabs) necessary to establish the right to pre- emption have not been properly performed.