RAMESHWAR LAL RATTI RAM Vs. NASEEBAN

JUDGEMENT

(1.) THIS second appeal arises out of a suit for pre-emption filed originally in the Court of the Munsif, Ratangarh, against the appellant by the respondents. On 15-9-1947, the appellant Rameshwar purchased for Rs. 700 the divided share of Bhurandin son of Jivanshah Kazi of Ratangarh in a house situated at Holidhora in Ratangarh under a sale deed which was registered on 16-9-1947. On 22-12-47 one Mt. Nasiban widow of Jamaldin, who held a third share in the said house, jointly with one Piria who, she alleged, was her adopted son, filed a suit against the vendee defendant 1 and the vendor defendant 2 for pre-emption of the suit property on the ground of being proprietor of a share of the whole house and on the ground of having a common door. The defendant resisted the suit on the following among other grounds: (1) That Piriya plaintiff 2 was (not?) the adopted son of plaintiff 1, Mt. Nasiban: (2) That plaintiff 1, Mt Nasiban, had mortgaged by conditional sale her own divided one-third share of the entire house to defendant 1 for Rs. 99 on 18-9 1947; (3) That the purchase of the suit property took place with the consent and in the knowledge of Mt. Nasiban who could not, any more, claim any right of pre-emption; (4) That the suit was defective inasmuch as Piriya, plaintiff 2, who had no right of pre-emption had been joined as a co-plaintiff; (5) that the plaintiffs were not possessed of enough means to purchase the suit property; and (6) That Mt. Nasiban had waived her right of pre-emption.

(2.) ON the abolition of the Court of the Munsif, Ratangarh and establishment of the Court of Sub-Judge at Ratangarh, the suit was transferred to the latter Court on 22-3-1948. It may be mentioned here that the plaintiffs had filed two other similar suits against two other brothers of defendant 2 who also had sold their share in the whole house to the appellant on the same date. In all these three suits some questions are raised and the evidence adduced by the parties is also the same and the trial Court has decided all the suits by the judgment.