SHEO NARAIN Vs. DAYA KISHAN

JUDGEMENT

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

(2.) THE vendor Bhika sold a plot of land 17 yards - 28 yards in village Sherpur, demarcated by khasra No. 216, to Sheo Narain and Maha Singh by a document dated 29th September, 1943, for a consideration of Rs. 299/ -. THE present suit for pre-emption was instituted on 26th August, 1946, by Daya Kishna and Richhpal, who are collaterals of Bhika, having, descended from a common ancestor. THE defendants agreed that the plaintiffs and the vendor had descended from a common ancestor and the plaintiffs had a right of pre-emption, but it was pleaded that as they had failed to claim that right at the time of sale, they were estopped from asserting that right. THE vendees also claimed Rs. 2155/- on account of certain constructions having been made by them over the land. THE trial court, after evidence, gave a decree for pre-emption in favour of plaintiffs subject to payment of the amount of consideration plus Rs. 200/-on account of improvements. THE defendants vendees filed an appeal, and the amount of compensation was increased to Rs. 250/ -.