DHANIRAM Vs. BHAIRON PRASHAD

JUDGEMENT

(1.) THESE connected appeals arise out of two suits for pre-emption instituted in respect of agricultural land situated in village Majra and sold by Mukhram and Ganga Sahai to Bhairon Prashad and Sheodan, on 27-9-41 for Rs. 2000/ -. At the time of the sale the property was in possession of Nandram, Hetram and Ramjilal under a mortgage for Rs. 3000/ -. The names of the vendees were mutated over the property by the order of the Tehsildar dated 11-10-41. The vendees thereafter filed a suit for redemption of the property which was decreed. They redeemed the property on payment of Rs. 3000/-mortgage money plus Rs. 187/8/- costs of suit and took possession over it. On 29-8-42, Dhaniram filed a suit for pre-emption in respect of the property which was ultimately tried by the District Judge under the orders of the then Alwar High Court dated 5-11-47. Before the suit was disposed of Richpal brought another suit for pre-emption in respect of the same property on 24-8-46 in the court of the District Judge. Both these suits were consolidated and were tried together. Before the trial the Alwar state Pre-emption Act 1946 had come into force and the suits were governed by it. Richpal is the son of Mukhram vendor and the nephew of Ganga Sahai vendor. Mukhram had no other son. Nor did Ganga Sahai have any son. Richpal was thus the heir of both Mukhram and Ganga Sahai, who would have been entitled to inherit the property sold under the sale-deed on the death of Mukhram and Ganga sahai if the sale had not taken place. Richpal based his claim to pre-empt the property on Section 15 (a) of the Alwar State Pre-emption Act, 1946, which runs as follows :

(2.) THE vendors are Jats by caste. Dhaniram is also a Jat. Dhaniram is a co-sharer in a Patti in the village other than the Patti in which the land which was sold was situated. He claimed pre-emption under the 2nd and 3rd sub-clauses of Clause (c)of Section 15 which run as follows :

(3.) THE right conferred under Section 15 is subject to the limitation contained in section 14 which lays down that no person other than a person who was at the date of the sale a member of an agricultural tribe in the same group of agricultural tribes as the vendor shall have a right of pre-emption in respect of agricultural land sold by a member of an agricultural tribe.