MIR MOHD Vs. MEHTA BHAGWAN DAS

JUDGEMENT

(1.) THIS second appeal arises out of a suit for pre -emption instituted by the appellant against the respondents in the Court of Subordinate Judge at Poonch.

(2.) TWO brothers, Chand Lal and Bhimsen executed a sale deed dated 26th March, 1958 in favour of Mir Mohd. (first respondent) and one Abdul Karim. Each of the vendors purported to sell his own separate property: land of an extent of 6 kanals and 5 marlas which belonged to Chand Lal was sold by him to Mir Mohd., and a parcel of land measuring 4 kanals and 4 marlas which was owned by Bhimsen was sold to Abdul Karim.

(3.) THE only question that falls for determination in this appeal is whether the suit is hit by the rule against partial pre -emption. A right of pre -emption is not a right of re -purchase either from the vendor or the vendee but is one of substitution for the vendee in the original sale. The pre -ernptor -plaintiff can only seek to step into the shoes of the original vendee: he has, therefore, to take the bargain in its entirety or not at all.