RASH BEHARI GANGULLY Vs. SHABHARANJAN SAMADDAR

JUDGEMENT

(1.) This appeal arises out of a suit for specific performance of a contract.

(2.) It appears that there was an agreement between the members of the family to which Koilas, father of the defendants Nos. 1, 2 and 3, and the plaintiff belonged, that if any one of them had to sell any portion of the family property, he must offer it for sale in the first instance to the other members of the family; in other words, there was a right of pre-emption given by the agreement. It was stipulated that the agreement would be binding upon the parties and their heirs.

(3.) The Courts below have held that it was not a valid agreement which could be enforced; and the only question we have to consider is whether it was so.