B BASDEO NARAIN SINGH Vs. BIRJU SINGH

JUDGEMENT

(1.) This is a plaintiff's appeal arising out of a suit for pre-emption. Mahal Mahwapar consists of portions of five villages. The plaintiff's are cosharers in the same mahal Mahwapar but their shares are situated in the first village. The vendor was a cosharer in the same mahal but his share was situated in the second village. The vendee had no share within Mahal Mahwapar. At the same time part of the villages in which the vendor had a share was situated outside the mahal and in two other mahals. Both the plaintiffs and the vendee were cosharers in the second village Bharpur Pachwar but outside mahal Mahwapar.

(2.) It is therefore quite obvious that the plaintiffs cannot claim a preferential right by virtue of their being cosharers in village Bharpur Pachhwar alone because there the plaintiffs and the vendee are both on the same footing as they own shares in that village outside the mahal in dispute.

(3.) The plaintiff's certainly have an advantage over the vendee in this respect that they are cosharers in Mahal Mahwapar because they own shares in a village-which is included in this mahal. The vendor however is a cosharer in the same mahal but in another village.