GULAB CHAND Vs. GAMBHEERMAL

JUDGEMENT

(1.) THIS is an appeal by Gulab Chand and others, defendants in a pre-emption suit, against the decree of the Additional District and Sessions Judge No. 2, Jodhpur by which that court allowed the appeal of the plaintiffs Gambheermal and others and decreed the suit.

(2.) THE facts of the case are these. Gulab-Chand appellant is the maternal uncle of Ghisu Lal respondent and the other four appellants are sons of Gulab Chand. In June 1945, Ghisu. Lal executed a contract of sale of a house and a shop belonging to him in favour of Gulab Chand and his sons and received some earnest money. When Ghisu Lal failed to execute the sale-deed within the time agreed upon, Gulab Chand and his sons filed a suit for specific performance of the contract. That suit was compromised and a deed of gift was executed by Ghisu Lal in favour of Gulab Chand and his sons. THEreafter, the present suit was brought by Gambheermal and others for pre-emption. THEir case was that the gift deed was a collusive transaction and was in reality a sale-deed and they were, therefore, entitled to pre-empt.