GIRDHARI Vs. JAWALA

JUDGEMENT

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

(2.) IT was alleged lay the respondent Jawala that Girdhari appellant purchased a guara from Jai Dayal and Hardayal for Rs. 26/8/- on 10th September, 1941. The property is situated in village Hamidpur, Tehsil Behror, District Alwar. The basis of the right of pre-emption was said to be that 1. the guara of the plaintiff was situated close to that sold, and 2. the pre-emptor was nearer in relationship to the vendors.

(3.) THE defendant denied the fact of the sale as also the right of the respondent to obtain the property by pre-emption.