TRIBHOVANDAS VARJIVANDAS Vs. BALMUKUNDAS KISHOREDAS

JUDGEMENT

(1.) The plaintiff sued to recover by partition the eastern moiety of the plaint village site and agricultural land of the village of Lahna from the defendants on payment to them of the sum of Rs. 9500, and to have a deed of conveyance relating to the said eastern moiety from the defendants. There is no dispute with regard to certain facts. On the 29 March 1916, Mahant Devpuri Sukhdevpuri, who was the owner of the village, sold 1110 bighas of the agricultural land on the western side of the village with a moiety of the village site to the defendants for Rs. 20,000 by a sale-deed, Exh. 44. On the same date Devpuri conveyed to the defendants the remaining portion of the village on the eastern side with the remaining moiety of the village site for Rs. 10,000 by a deed, Exh. 45. But by this sale-deed it was agreed that the vendor Devpuri was at liberty to purchase that portion back within three years on payment of Rs. 10,000.

(2.) On the 7 June 1918, the plaintiff purchased from Devpuri his right to have the property comprised in the sale-deed, Exh. 45, reconveyed to him.

(3.) On the 24 July 1918, the plaintiff gave notice to the defendants that he had purchased the rights of Devpuri and asked the defendants to hand over to him all the laud including the village site, excepting the 1100 bighas to the west of the said village, on receipt of Rs 10,000.