UDAI CHAND Vs. BAKKA

JUDGEMENT

(1.) This is an appeal by Udaichand against the decree of the District Judge of Bikaner dated 26th of May 1950 dismissing the suit brought by the plaintiffappellant for pre-emption.

(2.) The suit related to the pre-emption of a house in the city of Bikaner. It belonged to one Ghewarchand Suthar. This man sold the house to Mt. Bakko wife of Senskaran Oswal. The plaintiff-appellant claimed pre-emption on the ground that his house was contiguous to the house of Ghewar Chand and opened on the same side and he was of the same community as Ghewar Chand and was therefore entitled to preempt. Pre-emption was also claimed on another ground based on Clause 7 of Section 10 (1) of the Bikaner State Preemption Act (No. 1 of 1919) but that ground is not being urged before us in appeal. Reliance is being placed entirely on Clause 8 of Section 10 (1) of the Act.

(3.) The suit was opposed by Mt. Bakko. She admitted that the plaintiff's house was contiguous to that of her vendor and that the two houses opened on the same side but she denied that the plaintiff was of the same community as the vendor. She therefore, said that he could not take advantage of the eighth clause of Section 10 (1). The only question for decision, therefore, before the Court below was whether the plaintiff belonged to the same community as the vendor and that is the question which we have also gone into.