GAYA KURMI Vs. RAM SAHAI SINGH

JUDGEMENT

(1.) This is a defendants appeal arising out of a suit for preemption. The only point in controversy is that the pre-emptor was a cosharer on the date of the sale deed, namely the 16 of July 1927.

(2.) It appears that a small share of ton pies belonged to Sheoraj and devolved on his widow Mt. Sarupa after his death. She sold this share for Rs. 199. On her death Ajudhia became the reversioner entitled to succeed 1o estate of Sheoraj. Early in 1926 Ajudhia sold this share along with some other property to Ram Sahai, the present plaintiff. But admittedly Ram Sahai did not obtain actual possession nor was his name recorded. He filed a suit for possession of this share against the transferee by avoidance of the sale deed of 1926.

(3.) While the suit was pending the property in dispute in this appeal was sold by the vendor under the sale deed dated 16 July 1927. Ram Sahai's suit was decreed on 28 October 1929 by the Court in the following terms, namely that the suit for possession be decreed on payment of Rs. 99 within two months from the date of the decree. If money was not paid within the fixed time the suit would stand dismissed. The plaintiff Ram Sahai deposited the amount within the time allowed. He then sued for pre-emption of this property.