SUGANCHAND Vs. BALCHAND

JUDGEMENT

(1.) THIS is a first appeal by the defendant against the judgment and decree of the Civil Judge, Churu, dated the 18th of December, 1951.

(2.) BOTH the parties in this case are resident of Sardarshahar in District Churu. Appellants Nos. 1and 2 Suganchand and Premchand are real brothers and appellants Nos. 3 and 4 Dharamchand and Nemchand are their nephews.

(3.) LEARNED counsel for the respondents has urged that his clients had agreed to pay half the purchase price to the appellants and this shows that they did not intend to gamble in litigation. This contention also is not correct because in a suit for pre-emption, the pre-emptor has only got a right to get the property by paying the purchase price of that property. Even in the event of their success, the appellants could get the property only on payment of the purchase price. The respondents had agreed to pay half the price because they wanted to purchase only half of the rights of the appellants. So the payment of half the price, in view of the nature of. the appellants' rights does not take this case out of its champer-tous nature. This argument is therefore of no help to the respondents.