BADRI SINGH Vs. GOBARDHAN

JUDGEMENT

(1.) We think the decision of the learned District Judge in this case is erroneous and must be set aside.

(2.) The facts are that a suit for pre-emption was brought by two plaintiffs Gobardhan Brahman and Raghubar Thakur, in respect of a certain sale of property which had been made by defendant No. 3. The allegation was that this sale had been made to a stranger and that the plaintiffs had a right to pre-empt.

(3.) When the case came into Court the defence taken was that the first plaintiff in the suit was not a co-sharer and, therefore, not entitled to claim pre-emption.