DOMINI KUER Vs. RAMSARAN LAL

JUDGEMENT

(1.) This appeal by the purchaser, defendant 1, is against a decree for pre-emption passed in favour of the pre-emptors-plaintiffs-respondents 1 to 4.

(2.) In this case, all the parties -- the pre-emptors, the vendors and the vendee -- are all Hindus. It is not disputed that the Mohammadan Law of Pre-emption applies to Hindus also.

(3.) Defendants 2 to 5, the vendors, had a house situated in Mahalla Dhami Tola in the town of Gaya. They sold the house to defendant 1, the appellant, under a registered deed of sale dated 31-1-1946, for Rs. 2,000/-. It is admitted that the sale deed was executed and registered on one and the same day, that is, on 31-1-1946. The consideration money of the sale was paid, and, the exchange of equivalents, that is, the handing over of the registration receipt to the vendee, took place on 7-2-1946. The sale deed was copied in the register of the Registration Department, and, the registration was complete on 9-2-1946.