SARWAR SHAH Vs. ABDULLAH SHAH

JUDGEMENT

(1.) THIS is defendants second appeal and arises out of a suit instituted by Abdullah Shah plaintiff to pre -empt the sale of agricultural land measuring 8 Kanals and 12 Marlas situate in village Challan Kalan, Tehsil Uri, made by defendant vendor in favour of defendant vendee for a sum of Rs. 640 on 22nd October, 1955. The plaintiff alleged that he being an owner in the Mahal has a right to purchase the suit property in preference to the defendant vendee. The defendant resisted the suit on the ground that the plaintiff had no right to purchase the property and even if he had, he had waived that right. The trial Court raised the following important issues in the suit: -

(2.) AFTER examining the evidence the trial Court decided issue No. 1 in favour of the plaintiff. As regards waiver it held that the defendant had failed to establish that the plaintiff had waived his right. The plaintiffs suit was accordingly decreed. On appeal the learned Additional District Judge affirmed the findings of the trial Court and dismissed the defendants appeal. The defendant has come up in further appeal to this Court.

(3.) IT is argued on behalf of the appellant that the plaintiff could not claim preferential right to purchase the suit property on the basis of his being owner in the Mahal. His contention is that the provision of section 14, clause (c), firstly of the Right of Prior Purchase Act which reads as under: -