MOHD SADIQ Vs. JAMAL SOOFI

JUDGEMENT

(1.) THIS is plaintiffs first appeal and arises out of a suit instituted by plaintiffs pre -emptors to pre -empt the sale of a house made by the vendors in favour of the vendee defendants for Rs.5000.

(2.) THE plaintiffs case was that they have the right to pre -empt the sale on the basis of contiguity; that the price mentioned in the sale -deed is much more than actually paid by the vendees to the vendors, that in fact Rs. 2,000/ - were paid by the vendees to the vendors. The defendants resisted the suit on the ground that the plaintiffs have no right to pre -empt the sale inasmuch as their house is not contiguous to the property in dispute. It was further alleged that the price mentioned in the sale -deed was actually paid .by the vendees to the vendors.

(3.) THE trial Court found that the plaintiffs had right of prior purchase and further found that the price paid by the vendee was Rs. 3000/ -. The plaintiffs suit was decreed on payment of Rs. 3000/ - to the vendees defendants. Both the plaintiffs and the vendees defendants have come up in appeal to this Court.