JADU LAL SAHU Vs. MAHARANI JANKI KOER

JUDGEMENT

(1.) The suit out of which this appeal arises was brought by the plaintiff- respondent to establish her right of pre-emption in respect of certain undivided shares in a number of villages comprised in Mahal Motihari, situated in the district of Champaran.

(2.) The shares in question belonged to a Mahommedan lady named Barkatunnissa, the first defendant to this action, who sold the same to the Sahu defendants by a deed of sale dated the 28th of July 1904. Barkatunnissa owned an interest in twenty-four out of the thirty-one villages comprised in the Mahal, whilst the plaintiff possesses shares in eighteen. The vendors had admittedly no proprietary interest in Mahal Motihari prior to their purchase from Barkatunnissa.

(3.) The plaintiff claims that as a co-sharer in the Mahal she is entitled to the right of pre-emption in respect of the shares sold to the Sahus by the first defendant.