NATHA Vs. CHUNI

JUDGEMENT

(1.) THIS is a second appeal by the defendants vendees in a suit for pre-emption.

(2.) ONE Chandanmal, defendant No. 6, sold his house to Natha and his four sons, defendants 1 to 5 by a deed dated Besakh Vadi 11, Svt. 2003 in consideration of Rs. 1,201,' -. The suit was instituted on 16th December 1947 on the allegation that the plaintiff had come to know of the sale on the 15th May 1947. The vendees pleaded inter alia that the plaintiff had no right of pre-emption, that the Court had no jurisdiction, that the suit was barred by time, that certain improvements had been made by the vendees and the plaintiff was liable to reimburse them to the extent of Rs. 1,839/13/- and that the plaintiff was also liable to pay the amount spent by the vendees for obtaining pattas. Interest was also claimed on the amount of consideration and the money spent on improvements.